Separated for 20 years and now spouse wants a divorce

[Dante2019 9]

My mom and her husband was married has been separated (not legally) for 20 years. They din't live together during while separated. 

 

He now wants a divorce and hired an attorney. In the papers, it says debt be separated equally. Does my mom have to pay half of his debt even though they haven't seen each other for 10-20 years?

 

This is happening in Nebraska 

[powerpuff 6,667]

I found this point in the Nebraska legislature:

• A marital debt is one incurred during the marriage and before the date of separation by either spouse or both spouses for the joint benefit of the parties. McGuire v. McGuire, 11 Neb. App. 433, 652 N.W.2d 293 (2002).

https://nebraskalegislature.gov/laws/statutes.php?statute=42-365#:~:text=A marital debt is one,joint benefit of the parties.
 

Unless the debt was incurred before they got separated and it was for the joint benefit, I don’t think she has to pay anything. She should hire a good attorney though to protect herself 

[TBoneTX 45,222]

48 minutes ago, powerpuff said:

hire a good attorney

This is crucial.

[Dante2019 9]

This is what it says:

 

WHEREFORE, Plaintiff requests that:

 

a. The marriage of the parties be dissolve.

 

b. There be an equitable division of the parties realpersonal property:

 

c. There he an equitable division of the debts of the parties;

[powerpuff 6,667]

4 hours ago, Dante2019 said:

This is what it says:

 

WHEREFORE, Plaintiff requests that:

 

a. The marriage of the parties be dissolve.

 

b. There be an equitable division of the parties realpersonal property:

 

c. There he an equitable division of the debts of the parties;

Hire a lawyer