Who Pays the Credit Cards in Utah Divorces?

Maybe you’re thinking about divorce, but you’re scared because you have a lot of debt and you’re not sure what will happen to it in divorce.

Take solace: you are not alone.

This is a really big concern for many people thinking about divorce.

Now, debt comes in different forms.

Most people have house debt, but that doesn’t worry them because they’ve figured out how to always make their mortgage payments.

Credit card debt, on the other hand, is not so easy to figure out.

If people can’t handle credit card debt when times are good, how can they handle it during divorce?

There are no easy answers here.

Credit card debt is almost always considered marital debt, which means it will be split in the divorce.

The only real exceptions to this rule are:

  1. One spouse makes so much more than the other spouse that it would be completely unfair to make the poorer spouse pay the debt.
  2. The credit card debt was incurred for something completely not family related (e.g., gambling, business expenses, affairs).

If your situation meets one of those exceptions, you should certainly make your spouse pay the credit card debt.

That isn’t the situation for most people, though. See, most couples simply overspend on random stuff and make sort of the same amount at their respective jobs.

This means credit card debt will be split 50/50 in most divorces.

Here’s an interesting twist to this 50/50 rule: credit card debt can be used to increase a person’s need for alimony.

What I mean is this: when we in Utah calculate whether someone needs alimony, we add up all debt payments, and credit card payments are debt, so we include those payments.

If you receive alimony, this means that while credit card debt will count toward the debt you take in your divorce, they may be offset by an increase in alimony.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

Published On: November 23rd, 2018Categories: Division of PropertyComments Off on Who Pays the Credit Cards in Utah Divorces?
Share This Story, Choose Your Platform!
About the Author: Marco Brown
6d8a23cf114c43e68fc064216eff550b?s=72&d=mm&r=g
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
Contact Us – We Are Here to Help You

Schedule a time to talk with us – we are here to help you. When you meet with your attorney, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!

Call us 24/7 at 801-685-9999 to Speak with a Live Representative
Get A Legal Consultation With An Experienced Utah Attorney
Your privacy is 100% guaranteed, your information will never be sold or shared.

While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.