Will I owe half of the credit card debt that my husband has in his name if we divorce?

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Will I owe half of the credit card debt that my husband has in his name if we divorce?

My husband recently told me that he doesn’t want to be married to me. We have been married for 23 years and dated 10 years prior. I still love my husband but he says we want different things in life now. We have 3 teenagers and I have been trying to convince him that he is addicted to spending money we don’t have and putting everything on credit cards. He has $25,000 on credit now. He doesn’t always tell me and I am worried financially about our future, especially for our children. We have 1 son in college and 2 kids in high school. I can’t get through to him. If we stay together he will continue to rack up the debt. If we divorce, will I be responsible for the current credit card debt if it is in his name?

Asked on May 18, 2017 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as the credit cards are in his name only and you did not otherwisr agree in writing to be liable for this debt, then you bear no responsibility for its repayment. That having been said, an exception might be if the court handling your divorce feels that any of the expenses were to increase the value of the "marital estate". For example, if any of it used for home improvements or the like.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as the credit cards are in his name only and you did not otherwisr agree in writing to be liable for this debt, then you bear no responsibility for its repayment. That having been said, an exception might be if the court handling your divorce feels that any of the expenses were to increase the value of the "marital estate". For example, if any of it used for home improvements or the like.


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