How will our community debt and credit cards be handled?

The court may consider things such as who benefited from the items purchased with a credit card, or who caused the demise of the marriage, but typically, courts treat credit cards like any other debt. This makes them subject to a “just and right” division. In other words, the court will try to divide up the debt in a way that is “fair” to both parties.

Keep in mind, however, that because credit card companies are third parties, they are not bound by the divorce decree. This means that if your former spouse fails to pay on an account that your name is also on, the creditor has the right to come after you for payment, regardless of who was court ordered to pay the debt. Should this happen, you may seek recourse by having the Decree enforced as a contract or filing an enforcement action against your former spouse.

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