How Do You Split Credit Card Debt In A Divorce In Arizona?
Arizona residents who are going through a divorce may wonder if they can split credit card debt. It is important to know that, in Arizona, both spouses are liable for the debt. However, there are some exceptions to this rule which you should be aware of before making any decision. The exceptions include debts incurred by one spouse after separation or debts incurred jointly; not because of marital status but because of joint acquisition and use such as mortgages and car loans. If you have questions about how your specific case might work out, it would be best to consult with an attorney on the subject.
Divorce can be a complex process, and you may really need to pay attention when it comes to your credit cards. If both parties have equal access to the account during the marriage or if one party’s name is on the card alone, then they’ll each still owe half of whatever was charged up before divorce proceedings began. And as with all financial matters in matrimonial law – this will depend largely on where you live!
While living in a communal property state will make you liable for your spouse’s debt, it does not have to be all bad. Nine states out of 50 require one financial partner to assume responsibility and nine more are on their way!
What Does Arizona Have To Say About Credit Card Debt?
Arizona is a communal property state which means that if a debt was accumulated during the parties’ marriage and not before their marriage, each partner will be responsible for 50% of it. Debts incurred after divorce are treated differently than debts acquired earlier in the relationship; they’re split up based on which spouse is principally liable. However, there’s an exception: If that liability happened within or just prior to 60 days of filing then you can look at whether those expenses were, in fact, marital by nature rather than individualistic. It is important to read up on divorce laws that cover debts so that you can:
- Ensure that your partner is equally accountable for debts
- Learn about how debt is split between spouses in a marriage
- Know the reasons why debt incurred after divorce are treated differently than debts acquired earlier in the relationship
There Are Some Exceptions Such As Excessive Expenditures
If a couple marries and subsequently one spouse accumulates a large amount of credit card debt or takes out a large loan, it’s easy to imagine a court refusing to allocate half of the debt to the spouse if the other person divorces the spouse soon after accumulating all of the debt. Student loans are another scenario where debt is mainly given to the person who incurred the debt.
Even though the debt was technically incurred during the marriage and thus is presumed to be community debt, a judge may find that it is grossly unfair to divide the massive student loan debt equally because only one of the spouses is likely to benefit from education. Many judges take an extreme approach in such cases by evenly dividing these loans. Talk to a lawyer to get help on the following:
- How to protects couples from each other’s debt
- How to prevents spouses from using marriage as a way to escape their own debts
- How to implements fairness within the courts
We have seen couples with joint credit cards that often carry balances. Sometimes, one partner in the couple is struggling to keep up and will default on payments which can cause a significant strain on their relationship. If you are getting divorced soon or already have been through this process, it’s important to be proactive about your finances during divorce proceedings. Contact us if you need help sorting out any of these financial issues so they don’t become an added stressor for both parties involved.
Are You Looking for a Family Law Attorney Skilled in the Distribution of Property and Division of Debt in a Divorce?
The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes, and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. In Arizona, married couples are required to divide property upon divorce. All property acquired during the marriage will be divided equally between both parties; it is known as community property in this state and applies to all types of possessions (both tangible and intangible), real estate, income, or debts that exist at the time of divorce. This can make dividing marital assets a daunting task if not done correctly from day one because there are certain rules which must be adhered to! During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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