Q: Colorado, in a divorce & wife sued by third party, civil suit for cybercrime & defamation. Am I liable to pay her debts?
Undergoing a divorce, had court hearing to go over separation agreement, and she withdrew the agreement it bc she is being sued in civil court (accused of cyberbullying and defamation, 6 counts), she wants to change the separation agreement to state that I have to split her legal fees and any money owed bc of her crime? am I liable for this? Are there other case examples where spouse creates a crime and husband/spouse is not liable? also bc I didn't have this listed on my agreement it looks like I was hiding something, oh which I only found out about the lawsuit when my wife attorney informed me on the withdraw, one week prior to court hearing. Are there any cases in the state of Colorado similar to this? is this a loosing battle, do I have a chance of excluding this future debt from our divorce? No one seems to be able to answer this question.
A: Your wife's claimed obligations are likely "marital debts" because they were incurred during the marriage. The court can allocate responsibility for those debts "equitably', which means "fairly". You can argue that it is fair to hold her solely responsible for these. You should get a lawyer to help you with this.
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