Legal Question in Family Law in New York

Divorce with extensive debt

Married 11 years, own house

together, with little/no equity in the

home. The house would need a lot of

updates to make it functional/to sell.

No children. I have about $50K in

student loans and together we have

about another $50K in credit card

debt and other personal loans. He

makes twice what I do but has no

interest in saving or paying down

debt aggressively. Since I make so

much less than him, I am finding it

very difficult to leave the relationship,

knowing that I would have to take

my student loans and my share of

the debt with me and I earn under

$40K annually. Just looking for an

attorney who has had similar cases

for advice. Filing for bankruptcy isn't

really an option for me, as I am an

accountant and that would severely

hurt my career. Alternatively, can

two people living in the same house

(but in separate rooms and living

areas) get a divorce (although I think

that would make the situation much

worse)...


Asked on 2/13/09, 11:13 pm

1 Answer from Attorneys
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: Divorce with extensive debt

In regards to property/debts - an extensive review is needed to determine what debts and what assests are marital assets (meaning joint assets) and as such are subject to an equitable distribution. Also, you might be entitled to a maintenance support from your husband even after you divorce.

for divorce - one of the grounds to file for divorce may be constructive abandonment of one spouse by another.

You should propably seek professional help on this matter.

Good luck.

Read more
Answered on 2/16/09, 8:25 am


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