Asked over 2 years ago - Tallahassee, FL
FlagCan the courts forced to pay my spouse's credit card debt in a divorce? My name is not on any of the credit cards and my marital debt is less than his. I would rather pay mine off and he pays his off. I still have non marital debt that I am responsible for and can't afford to pick up his as well
The court has the jurisdiction and obligation to divide assets and assign debts equitably, which means "yes" the judge might order you to pay some of his debt even though you did not incur the charges. I'm assuming that his credit card debt is for marital expenses, such as household items, entertainment, etc. You will want to make the court aware of your non-marital debt which you will be paying and, if you and your spouse are unable to settle the matter amicably, the judge should also take that into account when assigning debt.
The judge has the discretion to order the division of assets and debts as he/she sees fit. I suggest you hire a divorce attorney to help you with this case.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
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