Will you divide credit card debt in divorce?

As you move through the divorce process one small step at a time, it's only natural to turn your attention to property division at some point. You want to know that you are getting what is rightfully yours in regards to assets.

But here's something else to remember: You may need to divide debt during divorce. Credit card debt is one such example of this.

Generally speaking, any credit card debt incurred during the marriage (as long as both individuals are co-signers) will be divided during a divorce.

If the credit card is in one person's name and the other spouse is simply a cardholder, that spouse is not responsible for the debt.

Here are some tips to help guide you:

  • Do your best to leave your marriage without joint debt, such as that attached to a credit card
  • Cancel all joint credit cards once you decide to move forward with divorce
  • Consider your many options for dividing the debt, such as transferring the appropriate balance in each person's name
  • Keep records of the charges you are responsible for once you split from your spouse

Whether or not you divide credit card debt in your divorce depends on many factors, but there is a good chance this will come into play. After all, most couples in today's world use at least one credit card.

When it comes to asset and debt division during divorce, it's a must that you understand your legal rights and how to protect them. You don't want to get stuck with more debt than you should.

Source: CreditCards.com, "Dividing credit card debt in divorce," accessed Nov. 14, 2017

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