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Q. my ex-wife stated we all responsible for the marital debt. the last time we were living together was 2 years ago.. should i ask for two years bank statement or are we all responsible for the debt. the divorce is still pending to be finalize.. thank you
A. Marital debt (that which accrues during the marriage & up to the divorce filing) is presumptively divisible 50-50. That said, if the card is in 1 spouse’s name, that presumption can be overcome through proof that the charges on the card solely benefitted the card-holder (e.g., clothes that they’ll keep after the divorce). Schedule a consult with a Bronx Divorce Attorney for a full assessment.