Marital Funds Used To Pay Separate Debt Results in Claim to Recoup
The Appellate Division answered a common question- what happens when one spouse uses marital assets to pay a separate obligation. It is quite common for the parties to enter the marriage with existing financial obligations, whether it be student loans, credit card debt or even an obligation to pay child support or maintenance from a prior marriage. It would be the norm to pay these financial obligations from current income. The problem is that the separate debt is being paid with marital assets, the current income. In the fascinating case of Johnson v. Chapin, the husband used martial assets for...
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