Can they come after me for my spouse's debt?
In most cases, the answer is “no,” but there are some instances in which you could be on the hook for your spouse's debt. If you live in a community property state, for example, you may be obligated to repay any debt accumulated during the marriage.
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Suing a spouse for financial infidelity specifically is not a straightforward legal action under most family law frameworks. However, during divorce proceedings, a spouse can pursue legal remedies if financial infidelity has led to the dissipation or concealment of marital assets.
“Common law property holds that the spouse who incurred the debt is responsible for repayment. Community property holds both spouses responsible for debt incurred during the marriage,” said Pahlkotter.
The states that follow community property rules are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
The relevant information to focus on here is that California is a community property state, which means that legally married couples jointly own everything – including debt. As a result, it is possible for a creditor to garnish a spouse's bank account if their spouse owes a debt.
Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.
Financial infidelity occurs when one partner hides or misrepresents financial information from the other, such as keeping secret bank accounts or hiding purchases. It does not necessarily involve marital infidelity, though it can lead to divorce.
Can you go to jail for financial infidelity?
It's important to understand that while financial infidelity may not be punishable under criminal law, it can influence the outcomes of divorce proceedings, including asset division, spousal support, and child custody decisions.
While you can't file a lawsuit just for emotional distress, if you win your case for criminal conversation or alienation of affection, you can be compensated for the damages, including emotional distress, that you suffered. Compensatory damages are monies that the court can award you to make you whole again.
If your spouse owns a credit card that is solely in their name, you are not liable for their debt. But creditors do have recourse to your spouse's share in any assets that you own jointly with them. And if you are a joint account holder on a credit card, both of you will be liable.
Who Is Responsible for Someone's Medical Debt When They Die? Your medical bills don't go away when you die, but that doesn't mean your survivors have to pay them. Instead, medical debt—like all debt remaining after you die—is paid by your estate.
In conclusion, the financial responsibilities during divorce can vary depending on the unique circ*mstances of each case. Until the divorce is officially finalized, both spouses may still have shared financial obligations, but temporary agreements or court orders may determine the specific financial arrangements.
Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.
When a person dies, creditors can hold their estate and/or trust responsible for paying their outstanding debts. Similarly, creditors may be able to collect payment for the outstanding debts of beneficiaries from the distributions they receive from the trustee or executor/administrator.
Similarly, creditors do not have the right to go after the assets of parents, children (for instance, child support), siblings, or any other family members.
No, you don't. Any debts either spouse had before marriage remain their own responsibility, with one notable exception. If you cosign a loan for your significant other or open a joint account on a credit card before you officially tie the knot, you're both responsible for the debt after your marriage date.
Debt hurts a marriage on a number of levels, he says. “This financial unease casts a pall over marriages in general, raising the likelihood that couples will argue over issues other than money and decreasing the time they spend with one another,” Professor Dew said in a report on consumer debt's impact on marriage.
When you get married what happens to your credit score?
Credit histories and scores don't combine when you get married. Your credit history and scores are yours and yours alone, and your marital status is not included in your credit reports. But if you have a shared account or you're an authorized user of your spouse's account, you could affect each other's scores.
State Garnishment Laws
While all states allow wage garnishment for child support and unpaid state taxes, four states — North Carolina, Pennsylvania, South Carolina and Texas — don't allow wage garnishment for creditor debts.
CA is a community property state. Any property (or debt) acquired during the marriage is presumed to be community property. Community property can be attached for debt or claims accruing during the marriage. So, yes, it can affect your finances, specifically, your community property interests, if your spouse is sued.
How a Debt Collector Gets Access to Your Bank Account. A debt collector gains access to your bank account through a legal process called garnishment. If one of your debts goes unpaid, a creditor—or a debt collector that it hires—may obtain a court order to freeze your bank account and pull out money to cover the debt.
Collection agencies can access your bank account, but only after a court judgment. A judgment, which typically follows a lawsuit, may permit a bank account or wage garnishment, meaning the collector can take money directly out of your account or from your wages to pay off your debt.
