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Who's responsible for credit card debt after a divorce?

Who's responsible for credit card debt after a divorce?

Summary

After a divorce, who must pay credit card debt depends on factors like whose name is on the card, when the debt was made, and where the couple lives. Even if a divorce agreement says one person should pay, credit card companies can still ask either person on a joint account to pay if the debt is unpaid.

Key Facts

  • If a credit card is in only one spouse's name, that spouse usually has to pay the debt after divorce.
  • In community property states, debts made during marriage are often shared, no matter whose name is on the account.
  • Both spouses are legally responsible for joint credit card debts, regardless of divorce agreements.
  • Authorized users on an account are not legally required to pay the debt but should be removed during divorce to avoid problems.
  • Courts may separate debts made during marriage from debts made after separation.
  • Creditors are not bound by divorce orders and can pursue either party for payment.
  • If one spouse stops paying, the other can face credit damage and fees.
  • Paying off shared credit card debt before finalizing divorce can prevent future issues.
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