Settling Credit Cards

jeff.wilson1.cpa • July 6, 2023

It’s Not My Credit Card!

‘What’s yours is mine, and what’s mine is yours’ is a common mentality couples may carry into a marriage. This does carry some truth depending on the perspective someone looks at. A common one is shared finances, as over half of American households are dual income beginning in the 1960s. However, a misconception people have is loans and credit cards are not shared if both couple’s names are not on the account. So, who is responsible for those loans and credit cards?

When I filed for my divorce one of the disputes we had was about who was responsible for the credit card. The debt was roughly $9,000, so I could understand why an individual wouldn’t want to pay. My ex-husband was adamant about the card being solely my responsibility because only my name was on the account. In addition to that, he also claimed he never knew the card existed either. I knew I wasn’t the only one responsible because we both used the card for household, personal expenses and for our pet’s expenses.

First, it’s important to understand how marital property is defined.

Martial property is commonly defined as all property acquired by spouses during their marriage, regardless of whose name is on the title of the property. So, it is not uncommon for the courts to define debt the same way if it is acquired and used to benefit the marriage. However, it is important to know this definition varies by state and the decision of the nature of the asset/debt will be at the discretion of the judge, as well with additional information presented by both spouses.

An example of this is a mortgage.

One spouse may have their name on the mortgage and deed of the house, but if this purchase was completed during the marriage and both spouses lived there, it is common for the court to treat the real property as a marital asset. What if the house was bought before the couple got married? Is it still considered marital property? Well that depends if the couples use the house to live together. That transfers the asset as marital property from separate property. Although, if the spouse who owned the house prior to their marriage does not use the house to live with their spouse, and they live in a separate home together, the house will maintain its separate property status, and it is important to understand how to maintain that property as a separate asset.

Ultimately in my divorce, the credit card debt was split between my ex husband and I. The nature of the debt was marital since the card was acquired during the marriage and the use of it benefited the marriage as it paid for gas, groceries and other household items. My ex-husband was not working at the time I acquired the credit card and used it frequently while I was away on business travel. I had personal bank statements to prove my travel meal expenses were charged out of state from where I lived in addition to travel reimbursement from my job. I also pulled the credit card statement to show expenses charged for meals and other items occurred in the same time period. This prove he used the card in the same time period I was traveling, since one person could not be in two different states at the same time.

The key takeaway is understanding how property becomes marital property and when it becomes marital property if it was previously separate. It is also important to know how to maintain separate property if an individual chooses to keep certain properties as separate. A factor courts consider with property is how it is used during the marriage and what benefit it provided to the marriage. It is always best practice to consult with a divorce attorney and divorce financial analyst to understand all the marital assets to be considered in a divorce. It may also be in the best interest to consult with a personal financial advisor as well.

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The Price for A Dog’s Unconditional Love

By jeff.wilson1.cpa • July 18, 2023

Most would argue that you can’t put a price on certain things. For example, family or health could be considered priceless things. However, some situations will challenge you with the question how much is this priceless item worth to you? Before moving out and separating from my Ex-husband, we had two loving dogs, a reptile, and a cat living in our home. I left with the cat, the reptile, and one of the dogs. Some may say I was fortunate to take as many animals as I did, and it was more than fair for my Ex to keep one of the dogs. Perhaps this may be true as a business transaction, but emotionally I was torn and felt it was unfair. When it came time to file for divorce, the question presented itself, how much did I love the dog I left behind? How much will I spend on lawyer fees to get the dog back? The short answer to both questions a lot! I knew deep down the dog would receive better care from me. I cared for the animals as if they were my kids, raising them all from their baby stage. I worked from home, so I and the dogs spent a lot of time together in my home office (especially during the potty-training phase). I discussed with my lawyer all the potential outcomes for her return or not, how long it could take, and how the courts treat these circumstances on average. Thus, I took my chances and filed my divorce for the dog to return to me and left it to the universe to decide the outcome. However, like other marital property the decision for who keeps the dog, and other property is at the discretion of the judge. The contention I had to keep the dog was the current living circumstances for us. I primarily sustained the household and maintained a stable job, as he was mostly unemployed during our marriage. I was prepared to show in court proof of all the expenses paid and the care for them was predominantly from me. From pet store expenses with toys, food, and training, to vet expenses all paid by me with a copy of the bills. I was prepared to go as far as to ask former associates I met frequently at the dog park to give statements on my behalf of the level of care I gave the dogs. I spent a total of $3,368 in lawyer fees for my dog to return home to me and her other furry family. Others are not as fortunate to afford that expense for one item in a divorce settlement, so you must ask yourself, how much can you afford to spend on it? Be honest with yourself about what you can afford because people make the mistake of exhausting their finances to fight their spouse in a divorce since it’s available to use now. For example, using a credit card to pay for their legal fees, which in the long term becomes more expensive from the applied interest rate over time. Perhaps the use of the credit card could be better spent on bills if the estranged spouse doesn’t work and is a homemaker. An individual should consider the long-term impact of their money spent now in divorce versus money they know needs to be spent later. The cost of want in a divorce should not jeopardize their sustainability for future expenses. It is always recommended to discuss the best financial option with a divorce financial expert and divorce attorney to understand the long-term impact of their finances.

Managing Credit Card Debt in Divorce: A Guide for Couples

By jeff.wilson1.cpa • June 13, 2023

Going through a divorce is a challenging and emotionally draining experience. Apart from the emotional turmoil, couples must also confront the practical issues that come with separating their finances. One such issue is credit card debt, which can become a major source of contention. In this blog post, we will discuss how credit card debt is typically handled in divorce cases and provide some guidance on managing it effectively. Understanding Joint Liability: In many cases, couples accumulate credit card debt together during their marriage. This debt is considered joint liability, which means both parties are responsible for repaying it, regardless of who made the purchases. When going through a divorce, it is important to address this debt and come to an agreement on how to handle it. Communication and Cooperation: The key to managing credit card debt in divorce cases is open and honest communication between the spouses. It is crucial to have a clear understanding of the total debt, including outstanding balances, interest rates, and any late fees. By working together and being transparent about their financial situation, couples can explore different options and make informed decisions. Option 1: Paying Off Debt Together: In some cases, couples may choose to pay off the credit card debt together before finalizing the divorce. This option requires cooperation and a willingness to work together. By pooling their resources, couples can make larger payments and clear the debt more quickly, minimizing its impact on their individual credit scores. Option 2: Splitting the Debt Equally: If paying off the debt together is not feasible, couples may opt to split the credit card debt equally. This approach involves dividing the total debt in half, with each party assuming responsibility for their share. It is essential to outline this arrangement clearly in the divorce agreement to avoid future disputes. Option 3: Transferring Debt to Individual Accounts: Another approach is to transfer the balances from joint credit card accounts to individual accounts. This allows each party to assume responsibility for their own debt, simplifying the financial separation. However, it's important to note that transferring balances may not always be possible, as it depends on individual creditworthiness and the willingness of the credit card companies. Credit card debt can be a significant concern in divorce cases, but it is possible to manage it effectively. By fostering open communication, cooperation, and considering different options, couples can navigate the challenges associated with credit card debt and make informed decisions. Seeking professional guidance from a divorce attorney or financial advisor can also provide valuable assistance during this process. Remember, managing credit card debt in divorce requires patience, compromise, and a focus on building a solid financial foundation for the future.