Dealing with credit card debt in a divorce

When New Jersey couples get divorced, they may have credit card debt to divide. This can get complicated because each ex will be obligated to pay any credit card debt that is in their name. While the two soon-to-be exes are bound by the terms of the divorce agreement, the credit card company is not.

If a former spouse does not pay a debt that is joint, the other ex could take them to court and demand payment. However, there is little recourse other than this, and credit card companies can still pursue the person. Credit card companies usually do not agree to remove an individual from a joint account. However, there may be other ways of moving debt around, such as transferring a balance from one spouse’s card to the other.

The best approach is to avoid the situation altogether. Couples may want to discuss a prenup before getting married. Avoiding joint accounts may be a good idea. Couples should also be open with one another about their finances. During a divorce, couples should make an effort to resolve issues with debt amicably and work together to separate their finances as much as possible.

Unfortunately, even if there is no credit card debt, the property division process in a divorce can be complicated. For example, the couple might decide they want to move on from their old life, sell the family home and split the proceeds. Legal counsel could help a divorcing spouse through this process and fight for a fair settlement.