How is credit card debt divided?

Virginia uses "equitable distribution" when dividing assets and debts in a divorce, pursuant to Virginia Code § 20-107.3.  This basically means that the court can do whatever the judge thinks is fair.  Just because the credit cards are in your name does not mean the court cannot assign some of this debt to your husband if it is determined to be the fair thing to do.  That may be the case because it sounds like the debt was incurred for the benefit of the family.  However, the court may also decide that it is fair for you to assume the entire debt because you have a greater ability to pay it.  There is no hard and fast rule.  This debt is just one thing the court will be considering and the court will look at the big picture of what other assets you and your husband are receiving in the divorce and how this debt fits into that big picture.  However, no matter who the court assigns the debt to or how you and your spouse decide to divide it, if you are able to reach an agreement, YOU are still the one on the hook to the credit card companies.  There is nothing the court can do about that.  If your husband is assigned part of the debt, but fails to pay it, then he would be liable to you for that money, but the banks would still come after you for it, not him. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.