Jan 18, 2009

Divorce and Your Credit: The Facts

There is no question that divorce is a stressful time in anyone’s life – the emotional turmoil, the upheaval, and the division of properties, accounts and assets can leave anyone feeling drained and disillusioned. During this trying time, your credit score may be the last thing on your mind, but the truth of the matter is that without proactive negotiations during the divorce settlement period, your credit score could take a big hit.

Marriage generally brings with it the mingling of finances. Joint checking accounts, savings accounts, and credit cards are not uncommon. And while most people work to try to divide their assets, some forget the equally important step of dividing up the debts. Unfortunately, joint account liability is not dissolved along with the marriage. Any debt that you’ve accrued as a couple remains the responsibility of both parties, even if a separate payment agreement was reached.

What does this mean? In its most extreme terms, it means that you can be responsible for purchases your ex-spouse makes on a joint account, and vice versa. This is true even if the purchase occurs after the divorce is finalized. For this reason, it is essential to get all the jointly-held debts in order, and either close the accounts, or put a freeze on any new spending so that one ex cannot take advantage of the other.

If one spouse has no separate payment history on his or her credit report, a divorce can cause that person’s credit score to drop dramatically. It’s important to take measures to secure individualized credit as well as joint credit in order to make certain that your credit history is strong, regardless of what happens in the future. Unfortunately, this often happens too late, and the spouse with the least amount of credit history usually has to seek help from credit repair specialists in order to get his or her credit score back to a reasonable level.

Still, there are some things you can do during the divorce process that will minimize the potential for detrimental effects, assuming that you and your ex-spouse are able to work together for your mutual benefit. The first step, if possible, should be establishing at least one or two lines of credit in each individual’s name, while any joint accounts in good standing can benefit each individual. After this, the second step should be closing all joint accounts – this includes credit cards, checking and savings accounts, dividing up the assets and debts fairly. Use some of the cash you receive to pay down your portion of the shared debt and then use the rest to open a checking or savings account in your own name.

While nothing can truly make the divorce process easier, by paying careful attention to your credit and credit score throughout the process, you can prevent some of the more common pitfalls facing couples who are in the process of getting a divorce. With attention to detail, and a willingness to compromise, both parties can come out of the process with minimal damage to their credit scores.



Sep 12, 2008

Divorce and Debt: Credit Concerns for the Legally Separated

There’s no question that most divorce proceedings are difficult matters which take their toll on both parties involved. The division of property, assets and other holdings that were amassed during the course of a marriage can leave bitter and unresolved conflicts. However, what some people do not realize, (and later find out to their detriment) is that debts are not as easily divided as assets. This can cause major problems with credit down the line in those instances where one spouse may still be held liable for the debts of an ex.

Pay Attention to the Contract

It doesn’t matter who the divorce decree stipulates as the responsible party for the debt. What matters is the name on the dotted line. If you signed a contract, you are responsible for the debt, even if the divorce decree says your ex is supposed to pay up. If he or she fails to meet the obligation, it’s your credit that will suffer, not your ex’s. So you may want to be particularly careful of those debts you have your ex to take on, if you have any reason to suspect that they won’t be paid in a timely fashion.

Get Credit in Your Own Name

Years of marriage can leave you sorely lacking in the credit history department if everything is in your spouse’s name. Even if you help pay for the house, the car, that business loan or any other debts of the household, if your name isn’t listed, that pristine payment record will not show up on your credit history. Even if you have no plans of divorce, it’s still a smart move to have both spouses jointly responsible for major household purchases such as a house or a car – that positive payment history can help you get credit on your own if someday you and your spouse do call it quits.

Keep a Close Eye on Your Credit Report

Your ex likely had access to all of your personal information throughout the course of the marriage. Sadly, most cases of identity theft are perpetrated by someone that the victim knows. If you’re recently divorced, make certain that all joint accounts are closed, and take extra measures to ensure that no one else is opening accounts in your name with your personal information.

Hire a Credit Repair Service

If a divorce has put a blemish on your credit, don’t despair. Quality credit repair companies are often able to clear up inaccuracies caused by divorce, and any debt that is not your legal responsibility can always be disputed and removed from your credit report. So if you are recently divorced, or in the middle of a divorce, don’t let credit problems catch you by surprise. Be proactive and take measures to preserve the good credit you’ve built over the years of your marriage.