Trust Over 90 Years Of Experience

What happens to credit card debt during a divorce?

On Behalf of | Apr 30, 2020 | Firm News |

Your divorce may seem more simple than splitting up your credit card debt. After all, how can you divorce your creditors? Creditors are more likely to hold you to your contract and to try to enforce the debt until you pay. 

As you think about a divorce, here is what you need to know about splitting up credit card debt, according to U.S. News. 

Can you remove your name? 

If your spouse has an order to pay your credit card debt, then you may want to take your name off of the account. Unfortunately, it is not that easy. You may not be able to request that the creditor takes your name off of the account. This is especially true if you have an outstanding balance. Odds are that the credit card company will not heed your request. You may suggest that your spouse requests a balance transfer so that you can free up your credit card. 

Do you have to pay your spouse’s debts? 

The only time that you are responsible for the debt that your spouse racked up is when the judge orders that you must pay it. It is up to the judge to explain your rights and responsibilities, including you debt obligations. If the order says that you must pay your spouse’s debt, then you have to pay it. 

Now, this does not necessarily mean that your spouse is off the hook either. If you do not pay the debt and neither does your spouse, then the creditors can still come after the person who has the contract with them.