Legal Question in Family Law in Ohio
Resposibility for dept after during and after divorce.
I have been married for about a year. my spouse had and continues to have more dept. (all Items are In his name) including the house.
I have no debt. My spouse is capable of maintaing his debt.
If I where to divorce now. How much of this dept am i responsible for?
1 Answer from Attorneys
Re: Resposibility for dept after during and after divorce.
It depends. It sounds like you would not be responsible for much, if any.
The law characterizes debt and assets into "marital" and "non-marital". The marital assets and debts are those that were accumulated either during, or in anticipation of marriage. As a result, both parties are pretty much responsible for half.
If it can be shown that all the debt was incurred by him, he alone would have to pay it.
It becomes a tad more difficult when he presents debt that was used for his own benefit, but was incurred during the time of the marriage. For example, he could argue that his gasoline bill is high because he had to use money for rent.... ie. it's a marital debt.
Feel free to contact me if you want to discuss further.