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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35297
Experience:  Attorney with 16 years experience
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my wife and i are physically separated but not legally separated.

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my wife and i are physically separated but not legally separated. We have been living in different states for about 15 months. I have been giving her 550 a month support since that time as per our own agreement. My question isthis, is she responsible for 50% of my debt even if we reside in different states and most of the debt was accrued since she moved to california?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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is she responsible for 50% of my debt even if we reside in different states and most of the debt was accrued since she moved to california?
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If you have not gone through a formal legal separation or divorce, then you are still legally married and therefore any debts or assets that are acquired during the marriage will be considered marital. So if you win the lottery, she gets some portion of it. If she incurs a huge medical debt, you get some portion of that as well.
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When I say "some portion" I mean that it won't necessarily be a 50/50 split because that would depend on which state the divorce was filed in and what their property distribution rules are. In community property states like CA, it is a 50/50 split of everything. But in non-community property states, it is an "equitable distribution", meaning whatever the judge thinks is fair.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.

My debt is not considered purely mine even though we "separated"? meaning she cant claim that the marriage was over even though we havnt had contact during that time,with the exception of a occasional phone calls?

If the divorce is in a community property state, then I would opine no, since everything is split evenly while you are legally still married. If the divorce is filed in an equitable distribution state, the judge would likely think it is fair for each of you to be responsible for any debts that you incurred after you physically split.
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So it would depend on which state the divorce was filed in as to the likely outcome.
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Thanks
Barrister
Barrister and other Family Law Specialists are ready to help you

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister