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Credit Card Debt Divorce

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It is always a major tragedy when a marriage ends in divorce. The breakdown of the family unit and the difficult adjustment for the kids (if there are any involved) is one of the hardest aspects about divorce. The difficulty of separating one house into two can be burdensome and tedious to say the least. You have to go from one checking account to two, two homes instead of one and separate accounts for everything from credit cards to utilities. This becomes a very difficult adjustment to make for the entire family.



In any divorce situation there is a splitting up of assets between the two parties. This is likely to include credit card debt as well because this plays an important part in the general financial picture for many families today. To the credit card company, the family credit card is the property of that shared entity which was the marriage. So when the union dissolves, the transition, from a financial point of view, of your credit card accounts is one that does not happen overnight, and can be a very long, drawn out process.

So one of the many issues that needs to be discussed and planned is how to separate the credit card debt. Whoever continues to hold the family accounts in their respective name will continue to get those bills, and that individual will be expected to pay them. Now the least preferable way to handle the debt is to roll the payments into any forced settlement agreement such as child support. When the divorce does reach a conclusion and becomes final, the amount of the debt and the payments that must be made could be calculated, and half of that total put into the amount that the income-generating partner must provide.

But that leaves the management of the credit card debts to one partner while the other one just pays a set amount. Additionally, if the credit cards are used by either partner, the legal amount would have to constantly be adjusted, and that would prove to be a constant headache of administration.

If the divorce is a shared responsibility so each spouse can work with the other to adjust the financial picture in an advantageous way, then how to separate the credit card debt should be part of that planning. Part of that planning is how to use shared assets to pay down the debt. You may have a home, retirement accounts or other assets that were set aside for the future of the marriage. An option to consider would be to close those accounts or sell assets, and distribute the funds equally. These monies can be used to retire the shared debt.

It's likely some of the debt load will live on past the divorce. In those cases distributing it into two individual accounts may be the best option. For example, if the family was carrying $10,000 in debt, if each marriage partner walks away with $5000 of the debt this would seemingly be fair and equitable. How each individual handles the split debt is up to them.

There are two ways you can go about splitting the credit card debt. If the debt is with a credit carrier with whom you can negotiate and conduct a dialogue, getting a meeting or having a conference call with the managers would be productive. The credit card company would far rather negotiate with you on how to handle this debt load than deal with it chaotically after the fact. So the actual splitting of the credit card debt may be coordinated by the credit card company itself.

But you can always use the method many of us have used to manage credit card debt up until now. Each of you could set up new separate credit card accounts. You no doubt have dozens of credit card offers you can use to initiate this process. In many cases, part of the set up offers for these accounts are balance transfers. So if you take out individual accounts and use the balance transfers to move each partner's share of the debt to those accounts, this may be an effective way to split the debt.

Adjustments may need to be made to the 50-50 split idea based on many factors but especially on which partner generated the bulk of the household income, and which partner generated the actual debt load in question. But by negotiating the terms of how you are going to separate the credit card debt when you dissolve the marriage, you will be dealing in a mature and responsible manner within an already very tough and tense situation.
Credit Card Debt Divorce
Most people find divorce debt very complicated to handle. In most the households, payment of debts constitutes a major or a minor part of the monthly household expense. These fixed expenses can take a toll on your life if they are not divided properly at the time of the financial settlement.

Most people think that if the court orders one of spouse to pay for a joint debt, he or she will be relieved of the responsibilities.

This is a common misconception that comes back to haunt the people once they are facing troubled times due to a joint debt. While the court asks one of the partners to pay a joint debt, it cannot prevent a creditor, which in most cases is a bank, to pursue either party for payment of debt dues.

Unless you and your partner change the joint debt contract, your liability will remain. Therefore, it is not without reason that people tend to think that the best way to handle your divorce debt is to not keep any joint debt. While some people may be able to do so, there are others who may have incurred debts jointly along with their partners.

Any debt incurred jointly has to be divided at the time of the divorce. One of the debts that's incurred jointly is the mortgage debt.

If you have taken a joint mortgage loan, make sure that you know how the loan amount will be settled. There are times people tend to take joint credit cards. In addition, you may have taken a joint car loan or other loans. It is important that you make a list of all the joint loans to analyse your joint liabilities.

How do you go About Dividing Joint Debt?

The best way to divide your debt after or during a divorce is to pay off the debt before the divorce. This is the most foolproof solution to avoid any debt collection hassles in the future. In addition, by doing so you also ensure that your future finances are protected and will not be influenced now or in future due to the divorce. If you do not have liquid assets (cash) to pay off the debt, you can consider selling off some of the joint assets so that you can utilise the cash from these joint assets to pay off the joint debt.

Your next best bet would be to sell the joint asset that has come as a result of a joint loan. This can be especially beneficial in the case of real estate. Therefore, if you have taken a joint loan to buy a house, it would be a good idea to sell the house and divide the profits or the losses resulting from sale.

It is important to remember that even if you remove your name from the ownership of an asset, you do not remove your liability associated with it. If either of you want to keep the house or other joint assets, you should opt for refinancing of the assets. The mortgage company will have to be informed about your intentions of refinancing and the company will follow the requisite procedures for doing the same.

Tips to Tackle Joint Debt

  • If you have joint credit cards, cancel all these cards to ensure that your spouse does not overspend, leaving you to pay off the debt.


  • It would be a good idea to start separating your finances immediately.


  • If you have joint bank accounts, make sure that you cancel all of these and withdraw any authorisation provided to your spouse to sign on your behalf


  • Consult a mediator if you and your partner are not able to reach debt settlement decisions.


Handling Debt Assigned to you

Handling debt single-handedly can be quite a challenge. Therefore, you must be sure about how to handle the debt.

  • Your first step should be to take debt counselling. Debt counselling will help you understand the nature of your financial obligations and how to plan your finances in order to meet these obligations.


  • You will also need to save more money to pay off the debts. Therefore, keep a close watch and how you spend and where you spend the most. Make a list of daily expenses if you have to and see what can be cut down from this list.


  • You can also try negotiating a new, lower interest rate with the lender.
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About Author
Both Trent Cohen & James Walsh are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Trent Cohen has sinced written about articles on various topics from 401K, Credit Cards. You will find more information on managing debt as well as saving and managing your money better at
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