Iva and divorce

katb01

Hi

Asking on behalf of a friend who has an Iva although it is in her husbands name he says when the divorce is settled she has to contribute but I can't see how as her name isn't on the Iva any advice thanks

Find_The_Real

Hello Kat and welcome. As the IVA is just in her husbands name I would have thought he would be the only one liable for paying into it but as divorce can be complex it would probably be best if your friend takes some legal advice on this and all the other issues such as assets that may need to be sorted out. Many solicitors offer free advice for a 30 minute session so I would suggest she contacts someone to get further clarification on the divorce issues.

longtermplanner

The divorce process should include dealing with the couple's debts as well as the couple's assets. She can't be made to contribute to the IVA as the debts were not in her name, but if there is equity in a house or pensions so be shared then the IVA debts are another part of the picture and they all need to be considered together.

If there are no assets at all to be divided then I think she can just walk away and refuse to contribute to the IVA. Whether this is a fair thing to do is a different matter.