Dividing up debt during a divorce can be just as important—and stressful—as dividing up property. Credit cards can make things even more complicated, especially if you shared accounts or cosigned on each other’s debt. Knowing how credit card debt is handled in divorce, and what steps you can take to protect yourself, can help you move forward with more confidence.
What Happens to Credit Card Debt in Divorce?
Credit card debt is often more complicated to divide than it seems. Whether you’re responsible for a balance depends on how the account was opened, when the debt was incurred, and the laws in your state.
Individual vs. Joint Accounts
If a credit card is only in your name and was used before the marriage—or after a legal separation—it’s usually considered your separate debt. You’re responsible for paying it, even if your spouse benefited from the spending.
But if the card was used during the marriage, things can get murky:
- Community property states treat most debts from the marriage as jointly owned—even if the card is in one person’s name. That means both spouses can be held legally responsible for the full amount.
- Equitable distribution states divide debt based on fairness, not a 50/50 split. Courts may look at who used the card, what the charges were for, and each person’s financial situation before deciding who pays.
Cosigned and Joint Credit Cards
If you cosigned a credit card with your spouse—or opened one jointly—you both agreed to be responsible for the full balance. This doesn’t change just because you get divorced.
Even if your divorce agreement says your ex must pay off the card, the lender doesn’t have to honor that. If they stop making payments, the lender can still come after you. Your credit score could also be affected if the payments are late or missed.
Removing one name from the account isn’t automatic. Most lenders won’t release a cosigner unless:
- The debt is paid in full
- The card is closed and reopened under one person’s name
- The balance is refinanced or transferred to a new account
Steps to Split Credit Card Debt
Dividing debt during a divorce can feel overwhelming, especially if you have multiple accounts or don’t agree on who spent what. These steps can help you take a more organized and fair approach.
1. List All Credit Card Accounts
Start by creating a full inventory of your credit cards. This should include:
- Who owns each account (individual, joint, or cosigned)
- The current balance and minimum payment
- The interest rate and any late fees
- When the debt was incurred (before, during, or after the marriage)
You can request a free credit report from AnnualCreditReport.com to make sure you’re not missing any accounts. Be sure to check both your name and your spouse’s.
2. Decide Who’s Responsible for What
Once you know what you’re dealing with, you’ll need to figure out how to divide the debt. This can depend on:
- Account ownership: If a card is only in one person’s name and was used outside the marriage, they’re usually responsible.
- Marital timing: Debt from during the marriage may be split, depending on your state laws.
- Use of funds: Courts may look at whether the debt was used for household needs or personal expenses.
3. Negotiate a Fair Division
There’s no single right way to split debt—but both people need to agree, and the plan should be part of your divorce settlement. Some options include:
- One spouse takes more debt in exchange for more assets (like a car or larger share of savings)
- Each person agrees to pay off the cards in their name
- You split joint balances evenly or based on income
It’s often helpful to involve a mediator or attorney, especially if emotions are high or the debt is significant.
4. Put It in Writing
Any agreement about credit card debt should be written into the divorce decree. This makes the terms legally enforceable and helps protect you if your ex doesn’t follow through.
Protecting Yourself During Divorce
Even if you’re still sorting out who owes what, there are steps you can take right away to avoid new debt and protect your credit.
1. Close Joint Credit Cards
If you and your spouse share any credit cards, contact the lender and ask to close the accounts or freeze them to prevent new charges. This helps stop either of you from adding debt during the divorce process.
Keep in mind: Closing the account doesn’t erase the balance. You’ll still need to pay off any existing debt according to your divorce agreement—or however the court decides.
2. Remove Authorized Users
If your spouse is listed as an authorized user on any of your cards, contact the credit card company to remove them. This prevents them from using the account without your permission.
Also check if you’re listed as an authorized user on their accounts and ask to be removed. Even if you don’t use the card, their actions could still affect your credit.
An authorized user is someone added to your credit card account who can make purchases. They have their own card but aren’t legally responsible for paying the bill.
3. Monitor Your Credit Reports
Keep an eye on your credit reports during and after the divorce. This helps you:
- Catch any new accounts or charges you didn’t authorize
- Make sure joint debts are being paid as agreed
- Track changes to your credit score
What the Law Can and Can’t Do
It’s important to understand the limits of what a divorce agreement can do when it comes to credit card debt. A court can assign responsibility—but that doesn’t mean lenders will let you off the hook.
Divorce Decrees Don’t Bind Creditors
Even if your divorce settlement says your ex must pay a certain debt, the credit card company still sees both names on the account (if it’s joint or cosigned). That means:
- If your ex doesn’t pay, the lender can try to collect from you
- Missed payments can hurt your credit, even if the debt “isn’t yours” anymore
- You might have to pay the balance yourself and then seek reimbursement through legal channels
Cuándo obtener ayuda jurídica
If you’re unsure how to divide your debts—or if you’re worried your ex won’t follow through—it’s a good idea to speak with a family law attorney. They can help:
- Interpret your state’s debt division laws
- Draft clear settlement language
- Enforce the terms if your ex doesn’t pay as agreed
In some cases, you may need to file a motion with the court to make your ex comply with the divorce decree.
Reflexiones finales
Splitting credit card debt during a divorce isn’t always simple, but taking the time to understand your options can help you avoid bigger problems later. Start by reviewing all your accounts, deciding who’s responsible for what, and putting everything in writing. Be proactive about protecting your credit and seek legal advice when needed.
Every situation is different, but with the right steps, you can move forward with a clearer financial picture.
