How will the court divide credit card debt?

Based on the 2022 report, the average household credit card debt was $7,800. Many individuals who file for divorce have thousands of dollars in credit card debt above the 2022 household credit card debt when they file for divorce. 

Many individuals who file for divorce often struggle with whether they should put their attorney fees on a credit card or find an alternative means such as a personal loan or family support. 

To understand how a court typically divides credit card debt check out the details below:

1. Is there a such thing as community property debt?

No, there is no such thing as community property debt in Texas, but when the court is dividing the community estate and preparing a division, the court will consider the marital debt along with the assets. 

2. Will I be responsible for credit card debt on my spouse's credit card? 

Possibly.  I like to use the analogy that the court will throw all the debt and assets into a pot and then divide everything in a just and equitable division. 

Times that I have seen the court not factor in a spouse's credit card debt is when credit card debt is not used for the benefit of the marriage or children, and instead is used to benefit someone who is not part of the marriage.

3. What are examples of when credit card debt is not used for the benefit of the marriage?

- Gifts given to someone during an affair

- Trips and vacations taken by someone during an affair

- Large sums of money given to family or friend

- Shopping sprees after divorce is filed

- Lavish vacations that were not pre-planned before the divorce was filed 

4. Can I pay my attorney fees with a credit card?

Yes, you can, and honestly most people who file for a divorce pays their attorney fees. 

Others also use loans, financing, savings, and loans from family and friends. 

Divorce can be expensive, especially a contested divorce, so be sure you speak to an attorney about how your debt will be factored into the property division. If your marriage has come to an end and it’s time to close this chapter of your life please contact our office to learn how our office can be of service to you. 

You can also book a session with Attorney Ashley Green on Divorce Coaching before you decide to file for a divorce. The Divorce Coaching program consists of a 3-hour online private coaching session. Contact our office to learn more. 

Attorney, Ashley Nicole Green is a divorce attorney in Houston, a divorce attorney in Fort Bend, a divorce attorney in Brazoria, a divorce attorney in Matagorda, and other surrounding counties that is here to help you protect your assets! Contact the Law Office of A. Green today to book a free case evaluation!

We also offer a free 15-minute phone case evaluation one time per year to potential new clients!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com