Legal Question in Family Law in Massachusetts

I'm thinking about getting a legal separation from my husband. We have our own credit cards not joint cards. I always pay mine and have good credit. He hasn't paid his due to the fact that he keeps going to jail. Will a separation protect me from having to pay his credit cards or could they come after me to pay his debt?


Asked on 9/22/09, 12:35 pm

2 Answers from Attorneys

His debts are his debts. Unless you have co-signed his credit cards, you are not responsible for those debts.

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Answered on 9/27/09, 1:12 pm
Gregory Lee Gregory P. Lee, Attorney at Law

If he used his cards to pay for family necessities, you are in theory potentially liable. However, that's a lot of legal jumping jacks for a collection attorney to do -- going through actual statements to prove how much credit was incurred to buy groceries and gasoline, for example, versus home stereos and such. Thus, the first answer is essentially correct.

Be aware, however, that the probate and family court has the power to order either of you to pay all or part of the other's debt in a divorce or separate support action. this is part of the equitable distribution of the marital estate, which includes debt. If he was buying you diamond rings on credit, and you have the rings, the court could consider you responsible for the cost. this is --not-- likely; he won't get much sympathy if he has to come to the hearing handcuffed. It is, nonetheless, possible.

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Answered on 9/28/09, 8:02 am


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