Almost all couples getting a divorce will have some open credit cards. When coming to terms on how to divide your marital debts, you should know that almost any agreement that you and your spouse come up with, will be acceptable. However, there are pros and cons to how you divide the credit card debts, which we discuss a bit on this page.
The final terms of the divorce, should list every liability, to ensure clarity for both spouses in the future.
Option 1: Spouse A takes all of the debts in her name, same for Spouse B (most common way we see); Option 2: One spouse takes all of the debt; Option 3: you pay off the debt as a part of the divorce by selling something or using savings (recommended if there are joint credit cards)
Spouse A may have $30,000 in open debt, while Spouse B may have only a bit of debt. The division of the marital estate should be fair. So, if Spouse A is going to continue to take all of the debt as a part of the divorce, it is possible that you could agree to award Spouse A something of value to equalize the marital estate division.
If spouse A opened a credit card with VISA, VISA still views spouse A as responsible to pay even if the decree orders Spouse B to pay it. The contracts that you have with creditors are not released by the agreements in your decree. This is why it is best to pay off joint cards to reduce the risk that your ex will not follow the agreement later.
If you have a joint card with your spouse, and your spouse is going to pay off that card, it is very important that your decree specifically lists the methods for payment, the amount, the dates due, and to where the payment will be sent. This will enable you to use your decree as a contract in the future, if your ex fails to pay as promised.
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