Legal Question in Family Law in Virginia

Re: Dividing debt in separation/divorce

Yes, your husband would share in this debt with you under the following two basic scenarios:

1.) He admits to it as marital debt which he jointly created with you during the course of the marriage and acknowledges as much in a formal separation agreement known as a PSA(Property Settlement Agreement);

2.) He refuses to admit to sharing any responsibilty for this debt nor acknowledging responsibilty for any

part of it in a PSA and thereby forces you into an equitable distribution

proceeding before the court wherein you would be required to prove in an evidentiary hearing by a preponderance of the evidence the validity of your claim(s). If you were successful in this legal endeavor, then your husband would likely owe half the marital debt.