Legal Question in Family Law in Washington
Financial Seperation in marriages
This is a complicated story-What isn't . My husband and I filed for divorce in February for many reasons. One of the main reasons was he lied about many things financially. It turns out-he has a lot of debt. He was waiting for us to divorce to file bankruptcy. I don't have any debt. After being seperated for 5 months -we have decided to get back together. However, we have already filed and are ready to sign papers next week. The only reason we would continue with the paperwork is if there is a financial repercussion on credit to legally stay married to him. Will our legal union eventually prohibt us in the future from being financially seucre. Will I become responsible for all his debts and lose credit? Is he able to file bankruptsy without my credit being tarnished or demolished?
1 Answer from Attorneys
Re: Financial Seperation in marriages
Assuming the debt was accrued during the marriage, even if by the actions of one party, the community is liable for the debt and if he files bankruptcy you would be the next in line for the creditors to come after. It is not uncommon that when one party to a divorce files for bankruptcy that the other is forced to also. The only legal effect of staying married would be that future debts that he may accrue would also be community debt.