if spouse runs up credit card after seperation am i responsible for part of payment

[GiaGia]

I've been seperated for 6 months but still haven't filed for divorce. We're trying to come to an agreement. My spouse has credit card in his name only. If he runs up the bill to pay for a divorce lawyer would i be responsible for paying that debt or part of it? He has no money and only a part time job. The only money he would have would be from any settlement from the divorce.

 

[army judge]

I've been seperated for 6 months but still haven't filed for divorce. We're trying to come to an agreement. My spouse has credit card in his name only. If he runs up the bill to pay for a divorce lawyer would i be responsible for paying that debt or part of it? He has no money and only a part time job. The only money he would have would be from any settlement from the divorce.

Are you LEGALLY separated (as in a court ordered separation), or are you simply living apart VOLUNTARILY?

If you are legally separated (pursuant to a court order), the court order usually orders the spouses to charge debt ONLY in their individual capacities, not as partners of the marriage.

If you are simply living apart (without a court order), one is normally responsible for what the other does.
There are some exceptions, but credit card debt would NOT normally be one of those rare exceptions.

However, if the card is ONLY in HIS name (under his credit profile), and you are NOT a signatory to the credit card application/agreement; you are probably not responsible for any debt that HE would run up on that card in his name.
But, if you have a card on that account, the lines get blurred.

Okay, the information I provided you is not legal advice, nor was it meant to be.
It is only for deliberative purposes.
It is generic in nature and may or may not apply to your situation.
There are many exceptions under the law and each marriage is different.
Therefore, you should seek legal advice from an attorney in your state of your choosing.
That way, he/she can evaluate your specific situation and provide an answer relative to you and your spouse!

Bottom line, don't use credit cards in HIS name.
Take him OFF any credit card accounts that YOU have in YOUR name.
You can do all of that without benefit of divorce.

If you have a JOINT bank account, you'd be smart to take YOUR money and open an account ONLY in your name.
Otherwise, the deadbeat spouse empties the bank account taking ALL of the money.
Which, by the way, is morally unsettling, but completely legal!

 

[GiaGia]

thanks. Our seperation is voluntary. I was on the card as authorized user but took my name off when we seperated. I also opened up my own checking account at that time but am still on the joint account.

 

[army judge]

thanks. Our seperation is voluntary. I was on the card as authorized user but took my name off when we seperated. I also opened up my own checking account at that time but am still on the joint account.

You'd be smart to take yourself off of that joint account today.
If he runs up a negative balance or uses overdraft, you'll be on the hook for that, too!