Legal Question in Family Law in Alaska

Question re: distribution of debt in a divorce

During the course of our marriage, my husband and I acquired some credit card debt. The cards are in my name, with him listed as an additional card holder. We are talking about divorcing. My questions are as follows:

1) Can we even divide the credit card debt between us, or am I stuck with it because the cards are in my name, even though it was debt we both accumulated?

2) If the answer to question #1 is yes, and heIf he gets behind in his payments of his half, would it reflect on my credit rating?


Asked on 7/29/02, 10:13 am

3 Answers from Attorneys
Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: Question re: distribution of debt in a divorce

Greetings; You can agree to divide the debt. If he does not pay, yes you credit would be damaged. There are many other ways to deal with this problem. I suggest you schedule an appointment and we can discuss. Thanks, Atty. Trichler; www.trichler.com

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Answered on 7/29/02, 11:22 am
William Stern William Stern, P.C.

Re: Question re: distribution of debt in a divorce

The short answer is if you went to trial, it is likely that the judge would hold that the credit card debts are marital debts and you each would have a responsiblity to pay them. If the debts were incurred for gambling however, the answer may be different. If the debt is not promptly paid, it will reflect on the credit rating of both of you. Bill Stern 248-353-9400

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Answered on 7/29/02, 11:26 am
Gregory J. Roth Gregory J. Roth, PLLC

Re: Question re: distribution of debt in a divorce

I am assuming that you and your husband are not joint accountholders on any of the credit cards, i.e. that you are the sole accountholder and he is merely an authorized user. You can agree to divide the debt in a divorce, but if your husband were to default, you would be ultimately responsible to the creditors and your credit would very likely be adversely affected. You would be wise to avoid placing yourself in this situation in any divorce arrangement. Please feel free to contact me with any further questions. -Greg www.lawgreg.com

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Answered on 7/29/02, 1:05 pm


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