Divorce is already difficult, but when shared credit card debt gets involved, things can get messy fast. Many couples in Texas use joint credit cards for household expenses, travel, or major purchases during their marriage. But when the marriage ends, a big question comes up: Who is responsible for paying off that debt?
Credit card companies don’t care who’s getting divorced. They just want their money. This means that even if a court assigns debt to one spouse, the other could still be held legally responsible if their name is on the account.
That’s why it’s important to understand how Texas law, especially the Texas Family Code, deals with joint debt in a divorce. Whether you’re filing for divorce in DFW, looking for an affordable family lawyer, or just trying to protect your financial future, this guide will walk you through what you need to know.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Community Property vs. Separate Debt: What Texas Law Says
Texas is a community property state, which means any property or debt acquired during the marriage is considered jointly owned, unless there’s a valid prenuptial agreement or postnuptial agreement in place.
Under Texas Family Code § 3.002, community property includes “the property, other than separate property, acquired by either spouse during marriage.” Debt is included in that definition.
If the credit card debt was:
- Opened during the marriage and used for mutual expenses → it’s considered community debt.
- Opened before the marriage or used for one spouse’s personal expenses → It might be considered a separate debt, but this must be proven in court.
Credit Card Debt and Divorce: How It’s Divided
In most divorce proceedings in Texas, the court aims for a “just and right” division of community property, which includes marriage asset division and debt. This doesn’t always mean 50/50.
Texas Family Code § 7.001 gives the court the power to divide community property “in a manner that the court deems just and right, having due regard for the rights of each party.”
Factors the court may consider:
- Each spouse’s earning potential
- Who incurred the debt
- Who benefited from the spending
- Whether the debt was hidden
- Any history of financial abuse
Example:
Sarah and Jake had three joint credit cards. Two were used for groceries, kids’ clothes, and rent, and community expenses. The third card was used mostly by Jake for personal gambling. The judge might assign the gambling debt to Jake alone and split the other two debts.
What If the Credit Card Is in Just One Name?
Even if a credit card is in one spouse’s name, it doesn’t automatically mean they alone are responsible.
If the card was used for household expenses, it can still be considered community debt. On the flip side, if one spouse racked up charges for luxuries that didn’t benefit the marriage, they could be held solely responsible.
This is where working with an affordable divorce attorney near you or a Cleburne family law attorney can make a real difference. You’ll need to gather evidence and make a clear case.
Can You Be Sued for Your Ex’s Debt?
Yes. If your name is on the account, the credit card company can come after you, even if the divorce decree says your ex must pay it.
This is why your divorce attorney might suggest:
- Paying off joint cards before the divorce is finalized
- Closing joint accounts to avoid new debt
- Including indemnification clauses in your divorce agreement (your ex agrees to reimburse you if you get sued for their debt)
A good divorce firm will help draft this language and protect your interests.
What If You Have a Prenup or Postnup?
If you and your spouse signed a prenuptial agreement or used postnuptial agreement services, these documents may define how debt will be split.
A well-drafted prenup can:
- List which debts are considered separate
- Assign responsibility clearly
- Help avoid court battles
A prenuptial agreement lawyer can help review these documents before or during a contested divorce.
The Role of Spousal Support and Debt Division
Sometimes one spouse is awarded spousal maintenance (also called spousal support). In some cases, the court may consider the financial burden of taking on more debt when deciding whether to award support.
Texas Family Code § 8.051 outlines who may be eligible for spousal maintenance, including spouses who lack the ability to earn enough to meet their minimum reasonable needs.
Debt can play a role here. If a lower-earning spouse takes on debt as part of the divorce asset split, they may receive additional support to help cover it.
A skilled spousal maintenance attorney can help you understand this better.
How to Protect Yourself During the Divorce Process
Here are a few steps to take during the divorce process to protect your credit and your future:
- Get a full list of all debts. Include individual and joint credit cards.
- Pull your credit report. Look for anything you didn’t know about.
- Close joint accounts. Prevent your ex from running up more charges.
- Work with a trusted attorney. If you’re looking for the best divorce attorney in Fort Worth or top divorce attorneys near me, don’t go it alone.
- Get everything in writing. Verbal agreements don’t protect you from collectors.
Protect Your Case from Day One – Talk to Turner Monahan PLLC
Joint credit card debt is one of the most misunderstood parts of divorce. Texas law offers a clear process, but the financial risk can still be high. Don’t assume you’re protected just because the court ordered your ex to pay.
At Turner Monahan PLLC, we’ve been helping families in Fort Worth, Tarrant County, Dallas, and Cleburne since 1973. With over 1,000+ divorce and custody cases handled, we know how to build a strong case around what matters most, your child’s safety, happiness, and stability.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
