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Dividing credit card debts in divorces

On Behalf of | May 10, 2013 | Divorce |

Texas residents might be interested to hear that, provided that they are not joint account holders for the card, people are not necessarily liable for their spouses’ credit card debts in the event that they divorce. Allocating assets and liabilities can be one of the most controversial aspects of a divorce next to who will retain custody of any children. This is especially the case when it comes to determining which spouse is responsible for which debts.

Judges may take numerous factors into consideration when allocating who is responsible for what debts in divorce proceedings. For example, one spouse may have accumulated a large amount of debt without the other spouse’s knowledge or consent. This could lead to a dispute in which one spouse claims that since the expenses did not benefit both parties, both parties should not be responsible for the debt.

However, even though a judge may decree that one spouse is responsible for a certain debt, that still does not stop creditors from pursuing both spouses for payment. Experts advise that it is best to pay off any credit card debts in the divorce settlement if possible because, unfortunately, divorce court has no jurisdiction with outside parties.

People who are considering getting a divorce might want to seek the representation of a divorce lawyer who may help them negotiate terms with their spouse. Generally, it is a good idea for both spouses to be represented by divorce lawyers who can help them ensure that they are receiving a fair division of property that is in their best interest.

Source: Fox Business, “Is Wife Liable for Ex’s Card Debt?”, Sally Herigstad, May 07, 2013