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Divorce and Debt

1 reply

DelicantElephant · 01/02/2022 22:44

STBX and I have been separated 4 years and heading to the FDR.

He has always mismanaged credit cards. Several years before we separated he admitted he had run up a significant credit card debt. I believed it was paid off over the next 3 years.

It has become apparent that in fact it wasn’t paid off (or he spent more) and he had a debt of £10K when we separated. Arguably this is matrimonial debt.

However, since he left his debt has increased to £30K and he is claiming that whole £30K is a joint debt because he's forced to use credit cards because he pays me so much maintenance (over the CMS level).
But he pays literally all his expenses on credit cards (except for his bills). So all his groceries, clothes, petrol, nights out, legal fees, holidays etc. and doesn’t pay it off.

Even if he can argue that he had no choice but to use credit cards, surely only the interest/fees are a joint liability not the base spending? Otherwise I will be paying for half of all his living expenses from last 4 years.
Surely this is not reasonable.

OP posts:
prh47bridge · 01/02/2022 23:26

The courts generally start from the position of assuming that all debts run up during the marriage are matrimonial debts and that debts incurred after separation are the responsibility of whichever party incurred those debts. However, these are not hard and fast rules.

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