Legal Question in Credit and Debt Law in North Carolina

Divorce law and borrower-lender law are two different things. As between you and the credit card company, you admit that ypu are the primary account holder. You are therefore liable to repay the funds.

Since you are separated from your wife, do you and she have a marital separation agreement? Do you have a divorce lawyer? When she was the cash withdrawal made - before or after the date of separation/ What were the funds used for, if you know?

If made after the date of separation, you have a very strong argument that this debt whould be attributed to your wife. Depending on what other assets you and she have, perhaps $3400 in other assets can be assigned to you in equitable distribution. You can also ask for the judge to hold your wife liable for the debt and make payments on the card. The problem with this scenario is that if your wife does not make a payment or pays late, then this is going to affect your credit, not hers. I therefore think it is better to get this debt deducted out of her share of the assets and that you make the payments on it.

If the cash advance was made prior to the date of separation, I would want to know what the funds were used for. If marital, then perhaps the debt should be divided between you both and assigned to each of your shares.

If you do not have a family law attorney, then I would encourage you to get one now.