Addiction plagues many people. It can come in many forms, from alcohol or drug addiction to shopping or even social media addiction. The impacts are as varied as the addictions. Gambling addiction is often overlooked, even though statistics show that almost eighty percent of Americans engage in some sort of gambling every year, whether it’s a state lottery, fantasy football, or serious card games. In a divorce, gambling addiction can have a serious impact on the process.

Minnesota is an “equitable distribution” state. This means that any marital property—including assets and debts—is divided equitably between the parties. Equitable, however, does not always mean equal. If gambling debts are part of your situation, and you’re having a hard time figuring out how to work it out within the DIYvorce process, one place to look for guidance is how the courts do it.

When making a division of assets or debts, Minnesota judges review a list of factors set out in Minnesota statute 518.58. Judges assume that debts acquired during the marriage are marital debt and should be divided. However, if it’s gambling debt, one spouse might have an argument that he or she should not be required to assume part of that debt. For example, if one spouse had no idea about the gambling debt, then he or she can argue that they shouldn’t be responsible for any part of that debt. Conversely, if the non-gambling spouse knew of the gambling debt, he or she could still end up responsible for a part of the debt.

One frequent factor among gambling addicts is that the addict will use the non-gambler’s name to accumulate debt. A divorce decree can state that one spouse is solely responsible for a particular debt, but that decree can’t change the relationship between creditor and debtor. For example, a divorce court can state that the gambling spouse is responsible for the entire credit card debt that is in both spouses’ names. However, if that spouse fails to make timely payments, the credit card company can still pursue both spouses to recover the debt.

We hope that your DIYvorce does not include substantial gambling debts. But if it does, your DIYvorce support team can help you and your spouse resolve that issue.

 

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