Many divorces are caused by one spouse’s alcoholism or gambling addiction. The Courts recognize that alcoholism and gambling addictions are diseases. However, in many of those divorces, the spouse’s addiction has caused the parties to suffer severe debts or financial strain. This article will focus on how a spouse’s gambling addiction can affect your divorce.
When considering gambling, if your spouse’s gambling was only done infrequently or only resulted in small amount of losses, then the court may not consider that in its decision. Generally, a court will only consider a spouse’s gambling when it resulted in large spending and/or large losses.
It is important to note, that the general rule is that marital assets are typically divided evenly and that marital debts are divided 50% to each party. Yet, if one spouse was gambling the party’s funds, the court may consider that in dividing the party’s debts or their assets. If the court believes that one spouse wasted marital assets or marital funds with their gambling addiction, then the court may grant you a larger share of the marital assets or decide that you have to pay a lesser share of the marital debt.
However, the court may also consider that you encouraged or condoned your spouse’s gambling habit. You may have gone with your spouse to the casino etc. In those situations, the court may not sympathize with your situation and decide that you only get 50% or the assets and/or still have to pay 50% of the debts.
If your spouse was engaged in gambling, then you will have to demonstrate to the court the extent of your spouse’s gambling habit and also that you did not approve of the gambling. You can show that your spouse took large withdrawals at a casino or that they charged large amounts on a credit card at a casino. If your spouse’s gambling habit was at a different venue, you can show the spending at that venue. In addition, to show that you didn’t approve of the gambling, you can produce emails or text messages.
If you are considering getting divorced, and your spouse’s gambling addiction is one of the causes of the divorce, then you need an attorney who can protect you. Visit us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.
If you are going through a divorce, you might be wondering if you are responsible for the debt that your spouse had prior to your marriage? Typically, the answer is that you are not responsible for any pre-marital debt that your spouse had.
Any debt prior to a marriage is not considered as part of the “marital debt” and therefore is not your responsibility. However, in order to escape any reliability that such debt is not your debt, you need to show documentation which shows that the debt existed prior to the marriage. Furthermore, if the debt was a credit card debt, then you have to show that you did not add to that credit card debt after the marriage. If you did use that credit card or added to that credit card debt, then it might be difficult to show which debt is pre-marital and which credit card debt is post-marriage.
In many cases, one party may have had student loan debt prior to the marriage, in almost all cases, you will not be responsible for your spouse’s student loan debt that was incurred prior to the marriage.
Similarly, if your spouse had personal loans or automobile loans that existed prior to the marriage, and that still exist after the marriage, you should not be responsible for that debt.
Although, it is a good idea to have a pre-nuptial agreement that discusses each parties’ debt, it is not necessary to avoid paying for your spouse’s pre-marital debt.
In a divorce, there are many questions about debts and assets that will need to be answered. David Badanes, Esq. and the Badanes Law Office, P.C. can answer those questions for you. If you are seeking an attorney to represent you in your divorce, then contact David Badanes and the Badanes Law Office. If you live in Suffolk County or Nassau County, contact David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at firstname.lastname@example.org or visit us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.
In general terms, all debt that is accrued during the divorce, is equally divided between both spouses. The same is true for credit card debt. So, for example, it may not matter that you never used your spouse’s credit card, the debt on that card will probably be 50% your responsibility. Of course, the same goes for your credit card debt, your spouse will probably have to pay 50% of your credit card debt.
However, it is important to note, that once the divorce action is filed, that any additional credit card debt, that is accrued after the filing of the divorced action will be the full responsibility of the person who created that debt.
Whatever credit card debt that exists will have to be addressed in the divorce. This does not necessarily mean that the debt will be paid off during the divorce or even at the time of the divorce. However, it does mean that your divorce agreement or the Court’s decision must decide who will pay the credit card debt and when it will be paid.
In many divorces, you may have to either cancel a credit card or put a hold on any new charges on the credit card. You or your attorney must likely will need to review your spouse’s credit card statements to make sure that you should be responsible for the charges on that credit card. Finally, if your spouse is required to pay your credit cards, then it is very important that you review each month’s credit card statements to make sure that your spouse is actually paying those credit cards.
When you are getting divorce, it is important to hire an attorney who knows how to deal with credit card debt and all the issues in a divorce. David Badanes and the Badanes Law Office, P.C. have represented countless clients in their divorce. Contact David Badanes and the Badanes Law Office at 631-239-1702, email at email@example.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).
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