Am I Liable for Credit Card Debt in Wife's Name Only

[florida1]

I live in Florida. Divorce may be in the near future. My wife has credit cards in her name only that she has run up. What is my liability on these cards before and after divorce?

[Mr. Knowitall]

It depends on a number of things, including what was purchased on the cards and whether you made any purchases. If she, for example, purchased food for the family, or purchased items of furniture that are part of the marital estate, it is reasonable for the underlying debt to be regarded as marital.

[Betty3]

state Fl. - not a community property state. You should not be responsible for credit card debts in your wife's name only that she ran up unless you accept responsibility for them such as in a divorce decree. The only time you might is if (as the other poster indicated) she charged family necessaries to the card. However, some courts/states are starting to modify or repeal the doctrine of necessaries (began as an old common law doctrine) & make the spouse who acquired the debt the only one liable for it.

[aaron]

In a state such as Florida, which applies equitable principles in dividing the marital estate, I would expect the court to look at the full facts and circumstances of how the debt arose and what was paid for. As most cases settle, courts often ultimately do not have to decide this type of issue.