FAMILY LAW... & MORE

Who’s responsible for credit card debt in a divorce?

| May 18, 2020 | Divorce |

Reviewing a list of assets and debts is something a divorcing couple must do. Having to discuss debts may be particularly difficult when a New Jersey couple is going through a divorce since very often, the financial picture is something that contributed to the marriage ending. Couples who have credit card debt need to understand how creditors view that debt.

A person is responsible for any debt accrued in his or her name and that includes debt amassed by those authorized to use a credit card belonging to someone other than cardholder. Courts are likely to hold individuals responsible for credit card debt in their own name and liable jointly for the same debt amassed in both names. But nothing is ever written in stone.

Those who aren’t contractually liable for the credit card debt of a former spouse may still be ordered by a judge to pay some of that debt. That might be especially true if a card was used for items for the shared household. A judge could also consider factors such as how long the couple had been separated, or if there are any agreements in existence between the people stating any specifics regarding how debts would be handled. 

There are so many issues that need to be sorted out during a divorce. New Jersey residents who are going through a divorce might find some answers pertaining to their debt situations from an experienced attorney. A lawyer might be able to offer some advice after reviewing a client’s particular situation and may be able to make decisions regarding debt much less difficult to handle.