Are debts listed on the divorce decree solely the responsibility of that spouse or are both spouses still liable for the debt

William Robert Falcone

I am a lawyer practicing in Colorado and New York. However, I can give you some good advice. Since the account was, and remnains joint. You are responsible to the credit card company . The first thing you should do is have the company block future charges to the account since you are not obligated to keep this account open for your ex-spouse. (It sounds like this should have been done a long time ago, and you should do the same thing for any other joint credit accounts.) Then, I would write a letter or have your attorney do so which notifies your ex-spouce that her failure to pay off the card is a viloation of the divorce decree, and is effecting your credit. The letter needs to demand that she pay the balance immediately, or you will file a petition in the court with jurisdiction over the matter. It would also be approprite to advise her of the joint accounts which you have had blocked. At the same time, you can make arrangements with the credit card company to pay off the debt yourself (if you are willing and able to do so in order to repair or protect your credit), and seek reimbursement from your ex-spouce through the court filing.

Jeff Adrian Biddle

Unfortunately, your creditors were not a party to your divorce action. While you and your spouse agreed (or a judge ordered) that you both pay a portion of your debts, the creditors never agreed to this. You do need to go back to court and make a Motion for Contempt.

If she is failing to pay the debts as ordered, she's going to need to address that. She should refinance the debts into her own name. Unfortunately, she could also file bankruptcy. Sadly, that would put the creditors back at your doorstep and you back in court suing your ex for contempt again.

Brett D Weiss

This is more of a domestic issue than a bankruptcy/debt issue, but you should speak with your domestic relations attorney and see about filing for contempt against your ex-spouse.

Note that the decree has no impact on the creditors, since they are not parties to it. If it was a joint debt, you're still liable on it, even if your ex agreed to pay for it. Your joint creditors can continue to try to collect it from you.

Brett Weiss