In general terms, all debt that is accrued during the divorce, is equally divided between both spouses. The same is true for credit card debt. So, for example, it may not matter that you never used your spouse’s credit card, the debt on that card will probably be 50% your responsibility. Of course, the same goes for your credit card debt, your spouse will probably have to pay 50% of your credit card debt.
However, it is important to note, that once the divorce action is filed, that any additional credit card debt, that is accrued after the filing of the divorced action will be the full responsibility of the person who created that debt.
Whatever credit card debt that exists will have to be addressed in the divorce. This does not necessarily mean that the debt will be paid off during the divorce or even at the time of the divorce. However, it does mean that your divorce agreement or the Court’s decision must decide who will pay the credit card debt and when it will be paid.
In many divorces, you may have to either cancel a credit card or put a hold on any new charges on the credit card. You or your attorney must likely will need to review your spouse’s credit card statements to make sure that you should be responsible for the charges on that credit card. Finally, if your spouse is required to pay your credit cards, then it is very important that you review each month’s credit card statements to make sure that your spouse is actually paying those credit cards.
When you are getting divorce, it is important to hire an attorney who knows how to deal with credit card debt and all the issues in a divorce. David Badanes and the Badanes Law Office, P.C. have represented countless clients in their divorce. Contact David Badanes and the Badanes Law Office at 631-239-1702, email at firstname.lastname@example.org or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).
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