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Am I Responsible for My Spouse’s Credit Card Debt in Divorce?When going through a divorce, there are often two areas that bring about the most contention: children and finances. These two subjects can sometimes bring out a side of your spouse that you have never seen before. Financially speaking, a divorce forces you to look into the nitty-gritty details of both you and your spouse’s spending habits. Couples may think they know their partner until hidden debts get revealed. Whether or not you were the hand behind the spending, you may be responsible for paying these dues during the marital asset division process.

Equitable Distribution

Like most states throughout the U.S., Illinois follows the equitable distribution model when dividing marital property in a divorce. This means that all assets and debts are divided equitably, not necessarily in half. In other words, the judge considers various factors before dividing anything up between spouses. This includes each spouse’s income, financial needs, and personal assets. The asset division process not only includes positive property owned by the couple, but also any debt incurred throughout their marriage. This must also be divvied up between the two individuals, especially any credit card debt that has accumulated over the years.

What About Credit Card Debt?

Unfortunately, some spouses may uncover large amounts of credit card debt that they were unaware of and not responsible for during the divorce process. Though your spouse may have been the one spending the money, if your name is tied to the account in any way, you are still on the hook for the amount owed. A divorce agreement cannot alter your contractual obligation to the creditor who lent your spouse the money that they spent using the card.

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