Indiana Divorce Law...

Indiana Law - Are Any Debts Chargeable To the Other Spouse?

The situation most frequently arises where, after separation but before divorce, the wife runs up debts in her own name (not on the husband's credit card).

The wife then can't pay the debts, and the creditors want to collect from the husband.

In Indiana, the creditors are out of luck. Having relied on the wife's credit in making the loan or supplying the goods, they may not go after the husband, even though the divorce is not final.

There is one exception: the doctrine of "necessaries" sometimes makes one spouse liable for the debts of another spouse, even after the divorce is filed (but before it is granted).

This would apply in the following situations:

• The debt is incurred for the necessaries of life (such as food, or medical needs).
• The spouse receiving the item is absolutely unable to pay for it.
• The other spouse is able to pay for it at that time.

Cases:

Bartrom v. Adjustment Bureau Inc. (1993) 618 NE2d 1 (where temporary maintenance has been ordered, the notion of necessaries no longer applies).

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