Debt and Divorce
A recurring issue in my divorce practice is how to address joint indebtedness. Often the parties will agree that one party or the other will pay and be solely responsible for a debt that is in the parties' joint names.
However, what most of my clients do not realize is that even if their spouse if agreeing in the divorce to pay the debt, they still have financial exposure. They often do not realize that the Divorce Decree's provisions about who is responsible for the debt does not and cannot alter the underlying debt. The credit card company, bank, or other creditor is not bound by your Divorce Decree.
I recently came across an article that explains this issue well. If you are going through a divorce and have joint debt with your spouse, this is a must read.
Download the file here.
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Your Credit History
I suggest that all of my clients in divorce cases check their credit reports. Many of them are surprised at how easy it is for an estranged spouse to obtain credit in their name without their knowledge. As of June 1, 2005, Alabama residents can get a free copy of their credit report at www.annualcreditreport.com. With the rise of identity theft, even if you are not going through a divorce it is always a good idea to keep tabs on your report.
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