Credit card debt, as well as other non-secured debt, is divided upon divorce in
the same manner as assets. The Court has the discretion to proportionately divide debt
as it sees fit taking into consideration fairness and equity. If a dispute arises about a
specific debt, the Court will usually require a review and historical accounting of how the
debt was acquired, by whom and for what purpose, i.e. the family or solely for the
individual. If it was for the family and daily needs, the Court will generally divide it in the
same way they do the assets. If it was for the sole benefit of one spouse, the Court
may divide it differently and assess it to the one who benefitted from it rather than in a
shared or proportionate manner.
For more information and to schedule a Legal Consultation, please call (610) 866-9529 or complete an online form https://www.gardnerlawyers.com/contact-us/