I moved to Anchorage in October of 2012. My soon to be ex wife lives in Kansas. In January we both agreed the marriage was over. Had to wait to file in Alaska till residency was established, that takes a calender year. In February she called me and asked if I could loan her £7500.00 for bills and other things so I did. I flew to Kansas, loaned her the money, she signed a promise to repay. It is now almost October and she has not made a single payment. I asked her when she intends to pay me and she said she won't. And that I can't sue her even with a promise note because we were married. Is this true? Can I sue her through small claims, or civil court and expect a judgement, or did I get played like a hotel piano?
1 Answer from Attorneys
This is a not so rare conundrum. Certainly this exchange of money can be addressed in the divorce. The reason most men wouldn't bother to sue on the note is that since this was gerund funds for her food, shelter, etc., her husbands assets could be garnished to paddy the judgment. So, in a way you would be suing yourself. If you two were in a formal seperation (i don't know if Alaska honors them, but Kansas might) as opposed to just living apart while you establish residency, you might find it worthwhile to Sue on the loan. Kansas courts will likely view that you gave money to your wife to cover her necessities of life, and the note was her acknowledgment that you did. I am not licensed to advise you on Alaska law. But, (and please confirm this with an Alaska attorney) that you couldn't sue on the note there, as she doesn't live there, and you went to Kansas to deliver the money and she executed the note there.