It depends. If the credit card debt was not for a marital purpose, then it may be your spouse’s separate debt. The court will consider the overall fairness of the property and debt division when deciding who should pay this debt. If your spouse bought items with the cards and intends to keep those items, it is likely that she or he will be ordered to pay the debt incurred for the purchases.
The credit card companies are unlikely to be able to pursue collection from you for the debt unless your spouse used them for necessities of life, such as food, necessary clothing, or housing.
Eric C. Trosch
NC Board Certified Family Law Specialist