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#773044 - 03/01/17 07:49 PM Hidden credit card debts, payments
Solong Offline
recently joined

Registered: 03/01/17
Posts: 2
I was going through checking statements and found that my husband paid off over $20K in credit card debt in the four months before I filed for divorce. In the same time period I paid off $3K. We have always had separate credit cards for each of us.

He still has $15K that he listed on his declaration, I have $5K.

1. I have no idea where he spent all that money ($35K jeez that's a lot) since I take care of all the groceries, clothes, gas, bills etc. All that debt is a surprise.

2. My debt (high as well, I admit) is from paying a massive auto repair bill, childcare and my lawyer. I put it on a 0% card and have been paying it off in smaller regular chunks. I was worried it might be dishonest to pay the whole thing off right before filing.

3. I had no idea he was paying off huge chunks of his debt - he never gave me online access to our account which had a significant amount of money in it. (Stupid me.) But I did think to ask for paper copies of the four months' worth of statements before he removed me from our joint checking account. (Smart me.) I should have asked for the years' worth though.

My questions are:

1. Are all the credit card debts going to be split? This would mean $10K of debt for me (his plus mine). Ugh.

2. Should I ask my lawyer to ask his lawyer for copies of his credit card statements to find out what he's been buying? I am afraid of what I might find out.

3. Would it be possible to try to recoup some of the money he used to pay off those bills over those four months (or longer) or is that just a loss since it all happened before I filed?

Thanks!

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#773048 - 03/01/17 10:23 PM Re: Hidden credit card debts, payments [Re: Solong]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 338
More than likely all of the credit card debt that either of you incurred during the marriage would be considered marital debt that is shared equally between you. If you ask the court to decide they'd probably apportion half to each of you--especially if you live in a community property state. If your state uses "equitable distribution" you may have a better shot at getting his card assigned to him and yours to you.

From that perspective the $20K he paid off was marital funds paying marital debt (i.e debt that you're equally responsible for) so I don't think you can recoup any of that.

It may be worth talking to your lawyer about finding out what he used the card for, but really only if you think he was purchasing marital assets that he's now hiding. If he blew it on beer and blondes then it's probably not worth digging into.

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#773058 - 03/02/17 07:30 PM Re: Hidden credit card debts, payments [Re: Solong]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 770
As the other poster stated, his credit cards would have been joint debt. Any card you (or him) have used since separation or initiation of divorce will be strictly the user's responsibility.


Edited by MinnesotaMom (03/02/17 07:36 PM)

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