What happens to credit card debt in a divorce?

On Behalf of | Apr 13, 2017 | Divorce

When you go through a divorce in New Jersey, you and your spouse will likely divide your assets in a way that is equitable to both parties. However, if one or both of you has debts at the time of your split, those may also need to be divided up. Here is what you should know about how credit card debt may be divided in a divorce.

As the Huffington Post points out, who is responsible for paying off the credit card will largely depend on who the debt belonged to. If your spouse has a credit that is solely in his or her own name, then that debt belongs to them unless you both agree to handle it differently as part of your divorce settlement.

If you had any credit cards that were joint, that is you both were signers on the account, the lenders could come after either or both of you to collect any payments that are owed. Therefore, you may wish to come to an amicable decision as to how that debt will be handled and then specifically address that in any written separation agreement.

Once you have come up with a plan for dealing with your existing debts, you may wish to seek out new sources of credit that are solely in your name. Thanks to the Equal Credit Opportunity Act, issues of unsecured cards cannot ask you about your marriage status. If you did not work during your marriage and have little or no income history, any child support or alimony payments you receive can be counted as income. This is general information on this topic and should not be considered legal advice.