Ask A Lawyer: Can I Mitigate My Obligation To Pay 1/2 Of Her Debt?

Question:

My spouse is spending her money aggressively to eliminate any cash that she may have to split in our divorce. What can I do to mitigate my obligation to pay half of her debt?

She has served me with a Notice of Dissolution of Marriage, but nothing has been filed yet. I believe she is doing this as a calculated move on her part, re-enforced by her attorney.

Answer:

Check with an Illinois licensed attorney, because I would imagine that the Notice is the filing of the divorce.  You are asking two questions really.  One, if she is spending money, then either there is a marital asset (which is half yours) or she is dissipating (wasting) marital money and you can request half of it back.  Secondly, as far as her debt goes, there is a presumption that it is half yours, but you can show that she was acquiring debt for a non-marital purpose and request that it be determined to be dissipation.

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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