Debt and property division may pose challenges during divorce

| Apr 17, 2018 | Property Division

Without a doubt, getting divorced is not an easy process emotionally or financially in Massachusetts. One of the most challenging aspects of divorce to address is property division. This is particularly true for divorcing spouses who have large amounts of credit card to divide along with assets such as money and real estate.

The state of Massachusetts is considered an equitable distribution state. This means that all assets and debts are split in a manner that the court considers to be fair, or equitable.  This is the opposite of what takes place in a community property state, where assets and debts are divided down the middle.

In Massachusetts, if two spouses have jointly held credit card debt, they can attempt to move their debt into separate accounts as part of the divorce process. This may be challenging, though, in that the issuer of the credit card might not be motivated to do this for the couple. Still, credit card companies may be willing to do this if both parties have strong enough credit scores to quality for their own accounts. An alternative option is to use a balance transfer card to divide credit card debt. Of course, this would work only if one of the spouses could receive approval.

Dividing credit card debt can further complicate the already complex process of divorce. However, if two spouses can find common ground when it comes to tackling debt and property division, they can resolve their issues at the negotiation table rather than having to go to trial. An attorney in Massachusetts will help the client to pursue his or her fair share of assets and make sure that his or her best interests are protected as far as the division of debt goes.

Source: wisebread.com, “What Happens to Debt After Divorce?“, Holly Johnson, March 30, 2018