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How credit card debt gets split up in a divorce

Getting divorced when you have credit card debt can be tricky. Maryland attorneys often advise their clients not to finalize their divorces with joint debts that are still due. Whether one or both spouses are ultimately deemed responsible for credit card debt incurred during the marriage varies by state.

Creditors generally aren't obligated to abide by a divorce decree. They could go after one or both spouses if they share a joint credit card and still owe money once they divorce.

Your divorce attorney will likely recommend that you divide up any joint debts that you're unable to pay off before you divorce. Your lawyer may advise you to divide the debts up on cards in each of your names so that one spouse isn't liable for what the other agrees to pay. It may also be best if both of you cancel any joint cards before finalizing your divorce.

If you don't resolve joint debt issues with a former spouse before your divorce, then it can have disastrous implications down the road. Your joint debt may not get discharged even if your former spouse files bankruptcy, for example. Thus, the creditor might still come after you individually to pay off the debt. There may also be interests and fees attached to the amount that a creditor is looking to receive.

If you're going through a divorce here in Price George's County and you and your ex have joint debts, then you must come up with a resolution as to how to handle those debts before finalizing your divorce. There's little to no option for changing your mind about a settlement once a Maryland judge finalizes your divorce. An experienced family law attorney can review your case and recommend the best course of action to avoid you being on the financial hook later.

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Clinton Office
8808 Old Branch Avenue
P.O. Box 219
Clinton, MD 20735

Phone: 301-856-3030
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Dunkirk, MD 20754

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