stbx's newly acquired debt vs. our marital debts

i just found out thru credit report that my stbx has maxed out 2 credit cards in the months since he left me. they are both individual accounts in his name alone. the debt is staggering and it is easily documented that all of this as well as a personal loan from his profit sharing account (which i have a claim to as it was all earned during the marriage) was accumulated after he abandoned our home and me. will a judge take all these debts into account in deciding a fair maintenance amount award for me. we have been married 9years 4months so far and live in IL. as near as i can figure his debts are at least equal to or more than his weekly take home pay now before he factors in the living expenses at his mistress house which he his paying as she is unemployed with 2 minor children. although i don't feel their living expenses should be a factor legally?? any thoughts or knowledgable opinions appreciated.

by ann101 209 Posts
Posted on 11/28/2008 10:24 PM

Get Alerts!

send to friend

Send to a friend

stbx's newly acquired debt vs. our marital debts on divorce360.com

E-mail: Separate multiple addresses with commas(,)

From (Your name) :

Your e-mail address:

Illinois legal questions on divorce360.com

0	Flag item :: Why are you flagging item: Submit \| Cancel

Tags: he thinks you can't get blood out of a stone , charge it before it is to late
See more posts in Illinois

Answers for "stbx's newly acquired debt vs. our marital debts" (2) (You must be logged in to answer)

Well, this all depends on if you two come to an agreement on yor own in mediation about all of these debts or if you have to go to trial on it. In that they are debts he accrued while separated, he should take sole responsibility for them - and a judge will more than likely award that in judgement if it gets that far. You will have to show evidence of him dipping into the profit sharing so that you get what you are due prior to that.

His "rent" will get factored into things - but not any other expenses.

by spaznskitz 4950 Posts
Posted on 12/1/2008 4:44 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

I too just discovered the same thing about my stbxw, according to the papers I was served with if you lived in my State he would be in violtion of the terms of the document. I really hope someone with knowledge in this area is able to help. I am going to follow this post because it also has me concerned. Thanks for posting.

by Jamesalone 827 Posts
Posted on 11/28/2008 10:40 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.