You've gotten a divorce and now you and your ex-spouse do not communicate. One day, a debt collector calls you and says you owe his company money. You explain that you divorced your spouse and that he or she is responsible for paying that debt. However, your spouse has declared bankruptcy, and the creditor wants his money.
This is a more common problem than many people may think. Debt and assets are always divided after a divorce, but that doesn't necessarily clear you from being responsible for your ex-spouse's debt. Any debt incurred during marriage, for which you co-signed, may become your responsibility, even if your ex-spouse agreed to take on that debt in the divorce settlement.
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The wording of your divorce contract is key. An experienced divorce attorney will know what provisions to include in the contract so that you are protected from that debt should your ex-spouse declare bankruptcy. However, if you are already divorced and fear that your bankrupted ex-spouse's debts will begin falling on you, you should contact a bankruptcy attorney for more information on your rights.
The only debts for which you may be held accountable are the ones incurred during your marriage. Debts your ex-spouse incurred before your marriage and after your divorce are usually not your responsibility. Not all debts from your marriage are your responsibility. If your ex-spouse had a credit card only in his or her name or bought something for which only he or she signed, you will not be held responsible for any of those debts. Creditors cannot ask you to pay those debts.
If you have already divorced and your divorce contract did not contain any clauses protecting you from your ex-spouse's debts, covering some of those debts will likely be unavoidable. An experienced bankruptcy lawyer can help you determine what debts you will absolutely be responsible for and which ones you can avoid paying.
If your ex-spouse has declared bankruptcy and you are being held accountable for his or her debts, contact the Boca Raton bankruptcy attorneys at Eric N. Klein & Associates to learn more about your rights and responsibilities.
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