How is Credit Card Debt Handled in a Divorce?

How is Credit Card Debt Handled in a Divorce?

The division of assets is always a complicated process when couples get divorced. That being said, when a couple is getting divorced and one or both spouses owe credit card debt, they often wonder how this debt will be distributed in their divorce. Please continue reading and speak with our experienced Los Angeles divorce attorneys to learn more about credit card debt and divorce and how our firm can help you through every step of the process ahead. Here are some of the questions you may have:

Who is responsible for paying off credit card debt after a divorce?

When spouses rack up credit card debt while they are married, they often wonder who will have to pay off that debt in a divorce. In most cases, any debt that is listed in your name, even if the money was spent by an authorized user on your card, such as your spouse, you will still have to pay off that debt. When debt goes unpaid, spouses run the serious risk of being sued by their creditor. That being said, credit card debt is handled differently in a divorce depending on the state in which you file. For example, most states are common law states, however, California is a community property state.

What is a community property state?

As previously mentioned, California is a community property state. This means that if your former spouse acquired debt after you were married and before you were separated, that debt is considered community property. This, in turn, means that you and your spouse are equally liable to pay off these debts. Debt acquired before a marriage, however, is generally not considered community property.

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

Unfortunately, for many spouses, regardless of all aforementioned points, the bottom line is that if a judge rules in his or her divorce decree that you are legally obligated to pay off your former spouse’s debt, then you do not have a choice. This is a legally-binding agreement and you will have to pay off this debt. If you have any additional questions regarding credit card debt and divorce or you are ready to get started, please do not hesitate to speak with our knowledgeable California divorce attorneys today. Our firm is ready to help.

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.

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