Credit Card Debt & Divorce | What You Should Know

protect credit divorce

There are few things more complicated than dividing assets in a divorce. Oftentimes, one spouse believes that he or she is entitled to more than the other spouse, and vice versa. Unfortunately, this can lead to an extremely complex and contested process. That being said, not only are assets divided in divorce; debts are as well, and this includes credit card debt. Read on and reach out to our California divorce attorneys to learn more about how credit card debt is divided during a divorce and how our firm can help you through every step of the process ahead. Here are some of the questions you may have:

Will I have to pay off my spouse’s credit card debt in a divorce?

While on the surface, it would make sense that if your spouse racked up credit card debt, you shouldn’t have to be the one to pay it off. However, oftentimes, this is simply not the case, as California is a community property state. More on that later. You should also understand, however, that any debt that is registered in your name, even if your spouse was the one who used your credit card, you will be the one responsible for paying off that debt. If your credit card debt goes unpaid, you may be sued by your creditor, which is why you must sort out who will pay off debt during the course of your divorce.

What is a community property state?

Essentially, a community property state believes all debt acquired after marriage and before separation is the responsibility of both members of the union to pay off, as it is considered community property. That being said, you should also understand that if your spouse accumulated credit card debt before you were married, that debt will most likely not be considered community property.

How do I know if I will be shackled with my ex’s credit card debt after a divorce?

Though all of the information listed above is true, there are still times where a judge will rule that you have to pay off your former spouse’s credit card debt, for one reason or another, and if this is the case, you will have no choice but to pay off that debt, as the judge has issued a legally-binding agreement. This is why it is so critical that you hire a knowledgeable Los Angeles divorce attorney who can work to fight for what is rightfully yours from the very beginning. We are on your side.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

Our Recent Blogs

View More

Website built and managed by Accel Marketing Solutions, Inc