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I’m 61 and Back in Credit Card Debt. If We Divorce, Will He Be Responsible? – Gail

“Dear Steve,

My husband and I have been married 12 years. We are both permanent legal guardians for my biological twin grandsons since birth. We live in NV. I am 61 , he is 75. He is retired military and still works as a dealer. I have not worked since the birth of the boys. We make aprox $72000.00/yr. We own 3 houses, 2 that we rent out. One of the 2 homes was mine prior to marrying him but I have since put his name on it. The other is our former marital residence as we just moved 1 1/2 yrs ago to a larger home. We make no profit from these homes just the opposite but are upside down on the mortgages.

I had credit card debt that I completely paid off a few years ago from a slip & fall settlement. I now have a lot of debt back again on these cards as he wanted me to try and start up an internet business that so far hasn’t yielded anything but debt.

The first question is, if we separate or divorce does he have to pay child support and or alimony and is he responsible for my credit card debt most of the debt is from the business startup and minor things I may have used it for for the benefit of the household.

Gail”

Dear Gail,

Nevada happens to be a community property state and he MIGHT be responsible for half of the debt incurred during the marriage. You’d need to talk that over with a licensed divorce attorney in Nevada to get specifics.

But regardless, I think the issue is even if you divorced and you were entirely responsible for the credit card debt, how would you pay it if he didn’t or couldn’t contribute to your household?

Let’s look past this immediate issue for a moment. While you may be planning to get divorced, I wonder if the issues with may be driving you to consider separating are related to the financial pressure you are feeling at home with the weight of the new debt and homes.

READ  My Wife Was Sued Over an Old Debt From a Previous Marriage. - Chris

It might be if we tackle those issues that it will improve the overall quality of your life.

What do you think? Would it help?

Please post your responses and follow-up messages to me on this in the comments section below.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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