Legal Responsibility of Ex Spouse for Credit Card Debt Incurred After Divorce

Like most things in family law, a spouse's responsibility in a divorce case for credit card debt incurred by the other is governed by individual state laws. One fairly universal feature of state debt division mechanisms is that family courts address only marital debt, which generally excludes credit card debt incurred after divorce. While this is usually the case, circumstances exist under which you could be held responsible for your ex's post-divorce debt.

Credit Card Debt Incurred To Pay Marital Debt

The definition of marital debt in most states excludes credit card debt incurred by either of you after divorce, and in many states it also excludes such debt incurred after separation but before divorce. While this is generally true, you may still find yourself getting stuck with part of a credit card bill your ex ran up after your marital estate stopped accruing if he used the card to pay off or pay down another debt that would have been marital. Examples include balance transfers from other cards, past-due utilities and catching up mortgages and car payments.

Credit Card Debt Incurred To Pay Child-Related Expenses

Even if he didn't use the card in question to pay on a marital debt, your ex still might be able to stick you with part of a credit card bill if he used it to pay an expense for your minor child a court feels should be shared. Medical bills, school expenses, summer camp or activities are all expenses that you might be ordered to share in pursuant to a child support case. In this area, you're not so much responsible for the credit card bill itself as you are the expense that created it, but the basic effect will be the same.

Debt to the Credit Card Company Itself

You could also be stuck with your ex's post-divorce credit card bill if you failed to get your name off of a joint card and she continued to use it. While a court would probably rule it as separate debt, and you would have a claim against her for not paying it, the credit card company isn't concerned with this. All it needs to show is that your name is on the card and somebody used it. If your ex fails to pay the bill, the company has a valid claim against you.

Getting Out of Your Ex's Credit Card Debt

Evading liability for your share of child-related expenses is generally impossible, but you may have some success in escaping your ex's other credit card debt. If she never asserted her equitable distribution or community property rights prior to divorce, she's stuck with all the debt in her name, marital or not. Any credit cards she uses to pay that debt are likewise hers. If she did everything right with her property division case, and a court orders you to pay on any debt, you can sometimes get out of it by filing a Chapter 13 bankruptcy. This may affect other parts of your case, though, so talk to your divorce lawyer before you file a bankruptcy proceeding.