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How is credit card debt divided in a divorce?

| Jul 5, 2021 | Property Division |

While many Florida residents may realize their assets will be divided during a divorced, they forget that their debts will also be divided between them. Property division, whether it be assets or debts, sets the divorcing couple up financially for the future, which is why it is important to understand what one will owe after the divorce is finalized. The two basic ways in which credit card debt is divided is as follows:

  1. If the credit card debt is in both the names, then each party is equally liable for it. Even after the divorce, if debt is under someone’s name, that person is liable for it.
  2. If one party has co-signed for an account, then the debt incurred under it is that person’s liability too, if the spouse doesn’t pay. This is true even if the account is not owned jointly.

There are exceptions to this rule. For example, the judge may allocate a debt to someone who did not incur it. This means one spouse may have to pay a debt even if the card is for their partner. However, the divorce decree does not change the contract between the borrower and the lender. That means if the person to whom a debt is allocated does not pay it, the credit card issuer will go after the person who’s name the card was under.

Financial difficulties is often one of the reasons couples get a divorce, and credit card debt is an example of one of those challenges. Those who want to understand how their property and debts will be divided during a divorce may want to consult an experienced attorney to make sure they set themselves up for the future.