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Libertyville Divorce Lawyer, Lake County

Libertyville Divorce Lawyer, Lake County

Former Assistant Attorney General

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Dividing Credit Card Debt in a Divorce

You are here: Home / Property Division / Dividing Credit Card Debt in a Divorce

March 15, 2022 by Law Offices of Ronald L. Bell

Many couples who divorce have marital debt that must be divided. Sometimes jointly held debt will be assigned to one spouse in a divorce judgement – he or she will assume responsibility for payments as part of the division of marital debt and property in a divorce. However, what happens if an ex-spouse does not make payments on jointly held debt or declares bankruptcy after the divorce? Is the other spouse protected from financial harm?

Although a judgement of divorce separates and assigns debt to each spouse, in the eyes of the creditor the debt remains the responsibility of all borrowers on a loan or credit card. If your ex-spouse defaults or declares bankruptcy on jointly held debt, the creditor may seek payment from the other spouse. What can you do if a creditor comes after you for a debt assigned to your ex-spouse in a divorce? It’s important to seek the help of an experienced attorney.

A divorce settlement agreement will often have language dealing with situations where an ex-spouse does not hold up their end of the agreement regarding the payment of marital debt. Although it does not end your responsibility to a creditor, a well thought out agreement will include remedies that you can pursue in family court. This may include a post judgement motion ordering the responsible spouse to reimburse the other spouse for the payment of the debt. In cases of bankruptcy, the other spouse may not be able to discharge debt owed from a judgement in a divorce, but it is important to clarify this with your attorney.  

When you are divorced and your ex-spouse is not holding up his or her end of the bargain with regard to paying off marital credit card debt or loans assigned in a divorce judgement, contact the law offices of Ronald L Bell & Associates PC for immediate assistance at 847-495-6000.

Category iconDivorce Settlement,  Property Division

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Ronald L. Bell & Associates P.C

Divorce Attorney

1113 S. Milwaukee Ave. Suite 204
Libertyville, IL 60048
Phone:  847-495-6000
Emergency Phone:  847-702-7502
Fax: 847-495-6001

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Ronald L. Bell & Associates P.C. represents clients in Libertyville and throughout Northern Illinois, in areas including Chicago, Naperville, Vernon Hills, Gurnee, Barrington, Buffalo Grove, Deerfield, Fox Lake, Grayslake, Highland Park, Bannockburn, Lake Bluff, Lake Forest, Lake Villa, Lake Zurich, Lincolnshire, Lindenhurst, Mundelein, Waukegan, Zion, Crystal Lake, River Woods, Deer Park, Round Lake, Palatine, Rolling Meadows, Inverness, Prospect Heights, Arlington Heights, Schaumburg, Lake County, Cook County, McHenry County, Dupage County and Kane County.

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