For many divorcing couples, there is a litany of considerations that must be made, from how you will divide custody of children and the family home to whether or not alimony is in order. As such, there are several smaller considerations that may not be at the top of your priority list but should be taken into account nonetheless. Something you may not have thought about is whether or not you are allowed to continue using your spouse’s credit card before your divorce is finalized. The following blog explores what you should know about these matters and why working with Tampa property division lawyers is critical.
Am I Allowed to Use My Spouse’s Card While Our Divorce is Ongoing?
When you and your spouse decide to file for divorce, you may not even think twice before using your spouse’s card. However, you should consider what you’re using it for. If you are an authorized user and make a large purchase, your spouse could try to accuse you of “revenge spending” or marital waste. This can impact how assets are divided and hurt your credibility with the court. As such, if it can be avoided, you should not use your spouse’s credit card. In fact, it may be in your best interest to call the credit card company and remove yourself as an authorized user to prevent issues.
If you have a joint credit line, meaning it was opened in both your names, you should consider settling the balance and closing the account. This can help prevent one spouse from running up the balance and needing to include it when dividing your debts.
However, if you and your spouse have children, you may want to consider leaving a credit line open to pay for things related to your child. This includes school supplies, extracurriculars, clothing, and groceries. If you decide to pursue this option, you should create an agreement regarding the purchases that can be made using the card and how you and your spouse will split responsibility for the balance.
How Does Florida Handle Credit Card Debt?
When you and your spouse file for divorce, it’s important to understand that just as the course can divide your assets, they will divide your debts. Florida is an equitable distribution state, meaning assets will be divided fairly rather than evenly. While this could mean an even 50/50 split for some couples based on their circumstances, it is not automatic. The course will consider a number of factors to determine the best way to divide assets and debts.
If you and your spouse have credit card debt, the court will consider how the funds were spent. For example, if you and your spouse have $10,000 in debt, but your spouse spent $8,000 on personal items, you likely will not be responsible for paying back those funds. However, if the $10,000 was used for household and childcare expenses, the court will divide it evenly.
As you can see, this is an incredibly complicated process for those looking to navigate credit card use in a divorce. If you have questions or aren’t sure how to handle the debt you and your spouse have accumulated, the team at Tampa Law Group is ready to help you. We understand how complex these issues can be, which is why our firm is dedicated to helping you through these unfortunate circumstances. Connect with us today to learn how we can assist you.
