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Can creditors go after me for my former spouse’s debt?

On Behalf of | Sep 7, 2023 | Divorce |

Aside from assets, the divorce process also divides liabilities between parties. Ideally, each party can move on after the divorce. So, what can you do if a debt collector comes knocking on your door for your former spouse’s debt?

Unfortunately, divorce might not relieve you from debt or overdue payments allocated to your former spouse. Divorce only ends the relationship between a married couple, not with creditors. The divorce decree usually indicates who is responsible for which debt. Still, it does not relieve any personal liability unless the liable spouse refinances the debt or updates the agreement to remove the other party’s name. These measures are typical for specific types of debt, such as car loans, mortgages, utilities, medical bills and personal loans. Even credit card accounts could require modification if it has the other party as a co-signer.

If your ex failed to update their agreements with creditors, they might go after you for any overdue payments. Sending them a copy of your divorce decree might help only to shed light on the situation. In these instances, seeking legal counsel could help determine your options to resolve these issues with your former spouse and their creditors.

Dealing with debt collectors

Whether for your or your former spouse’s debt, collectors must follow specific standards and regulations when performing their jobs. Their persistence can be disruptive, mainly if they are contacting you incessantly. If so, you can send them a written notice to stop.

This notice should keep them from contacting you while sorting out these financial issues with your former spouse. Settling these problems can be challenging and lengthy, but they are necessary when rebuilding your life after divorce.