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A: Oftentimes, when we get married, we join together everything from property, children, and even debt. But what happens when you get a divorce? How do you separate whose debt is whose? How does a judge determine what's fair and unfair when it comes to slapping someone with the responsibility to pay off a maxed-out credit card? Certain debts are typically divided between the parties, since they are considered "community" debts. For example, things such as mortgages, utility bills, taxes owed to the IRS, and other similar debts that were incurred jointly by the couple. Also, credit card debt that was charged up during the marriage is typically split somehow, unless there is proof that a majority of the debt belonged to one partner and/or was charged up before they were married. However, if your ex decides not to pay on the credit card that was under both of your names, it doesn't mean that you can't still be liable. If a debt collector is trying to collect on a credit card that was under both you and your wife's name, and she hasn't been paying it, a court order showing that you are not responsible for the debt will do you no good under the Uniform Commercial Code. This means that it's still considered a community debt and debt collectors can legally try and get you to pay the debt if the responsible party hasn't been making payments. So, if you see your relationship going down the drain, now is the time to take action—before the divorce starts. Separate your cards, remove each other as allowable cardholders from each other's credit cards, and keep your bank accounts and money separate. This will not only lower your risk of being taken advantage of, but it will also make the judge's job a whole lot easier when it comes to division of personal property and assets.
This question was originally asked in Just a Few of the Dirty Divorce Tricks Divorcing Spouses Will Pull on Each Other
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