Dividing the Debt After Divorce


© Michelle Hogan

Divorce is the last thing on your mind on your wedding day, but unfortunately it remains a very real, and very probable fact of many people's lives. Another unfortunate fact is that between house payments, car payments and Platinum Visas many of us have more debts to divide up than assets. How do you divide up the debts...particularly when there were disputes about how to spend jointly-owned money (or credit) in the first place?

The rule of thumb is generally that any debts incurred before or after the marriage belong to that particular person, and anything during the marriage belongs to both of you. So, the fact remains that regardless of whether or not you wanted that $2000.00 lawn tractor, if the card used to pay for it had your name on it your responsible for half the debt.

One must tread lightly when starting the process of dividing up the money. The first thing to do would be to establish checking and savings accounts in your own names. Hopefully, everything is going amicably and you can agree to divide the cash in joint accounts equally without a lot of pain. If not, ask your lawyers about placing joint money in an escrow account, until the divorce is final and it has been decided how it should be divided up. The joint accounts need to be closed, however, or one or the other spouse could empty the accounts without the knowledge or consent of the other. Be warned of doing this yourself, though, it may seem like a good idea at the time, but it can be seen as hostile and end up hurting your case for alimony.

The spouse with greater earning power may offer to take on more of the debt load in return for greater equity in a house or retirement plan. Be careful of making these agreements without a lawyer. They are not "set in stone" and if the spouse that agreed to pay the bills doesn't, your credit rating is still attached to it. Creditors will also look to you for payment if a payment has been missed. Close any jointly held credit accounts. Some may not do this until the balance is paid off, but will "freeze" it so that additional charges cannot be made.

It may be possible for you or your husband to transfer the balances of joint credit cards to cards held in your own names. If you can't get a credit card of your own yet, look into a secured card, so you can begin to establish your own credit history.

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