What happens to credit card debt when we get a divorce?

Q. Hello. My husband and I are getting a divorce. We have about $10,000 in credit card debt on cards that are in my name alone. I handle the buying and bill paying and it was for house stuff, not clothes shopping or anything like that.

“One spouse may pay the mortgage while the other spouse will pay for all the incidentals,” she said. “Even though they are married they feel more comfortable keeping the accounts separate and using a divide and conquer approach to paying bills.”She said equitable distribution is where the parties look at each asset and liability and decide what the division will be — basically who gets what.

All assets and liabilities accumulated during the marriage can be included in equitable distribution, regardless of the titling of the asset, Leach said. “The exceptions to this are gifts, inheritance and any premarital assets that have been kept completely separate from the marriage.” Completely separate is the key here, meaning no comingling of funds,” she said. “You can’t deposit an inheritance intoYour concern is that you have accounts and credit card debt that have accumulated under your name during the marriage that was used to pay for marital expenses., Leach said.

“This debt will be part of equitable distribution and during the divorce process you can decide how to divide that debt between you and your ex-spouse,” she said. “You should consult with your own qualified legal advisor before considering any course of action.”

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