Expert: Equality in Marriage Institute - 11/17/2003

Question
My brother in laws wife recently told him she wants a divorce.  This alone blew him away, but now found out they have 40+ $ in credit card debt.  He has a feeling she's getting cash advances and stashing it.
Does he have to pay 1/2 of this in the end?

Thanks!


Answer
Dear Gail,

Generally, if the credit card is under both his and her name then he is just as responsible. It is usually recommended that he cancel the card and obtain a new one under his name to start building his own credit.

If they do have the same card then he can easily find out what is being charged or if cash advances are being made.

He should keep track of his own credit card purchases (his signed slips- so he can prove they are his charges and not hers). If the charges can be attributed to her actions then perhaps he will not be responsible to pay, much of it depends on the state's law.

Some sites he may want to check out to start educating himself are: divorcesource.com, equalityinmarriage.org, divorcemag.com, aaml.org, lawyers.com and mensdefense.org.

I hope this was helpful.

Unfortunately, I am not an attorney or a financial advisor so I can't give you an exact answer.