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What if my ex has not paid debts as ordered?

Author

Daniel Santos

Updated on January 19, 2026

If one party is assigned a debt in the other party’s name, the person deemed “responsible” is under a court-ordered obligation to pay it. So, if your ex fails to pay a debt that is solely in your name, or even in both of your names, the creditor can still come after you for repayment.

Is a wife responsible for her husband’s credit card debt?

You are generally not responsible for your spouse’s credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.

Who pays the debt in a divorce?

As part of the divorce judgment, the court will divide the couple’s debts and assets. The court will indicate which party is responsible for paying which bills while dividing property and money. Generally, the court tries to divide assets and debts equally; however, they can also be used to balance one another.

Can you sue an ex spouse for ruining your credit?

First, you can sue him, but you’ll have to show damages. You’re credit score being hurt isn’t enough, you’ll have to show that you got denied for a loan or CC becuase of the lower score or that you’re paying a higher interest rate because of it, something tangible.

What happens if your ex-spouse files for bankruptcy?

If your ex-spouse was ordered to pay an unsecured debt such as a credit card or medical bill that is in both of your names and subsequently has it discharged in bankruptcy, the creditor will not be allowed to try to collect on the debt from your ex-spouse.

What happens if I file for bankruptcy first?

If you file for bankruptcy first, you and your spouse will only have to pay one filing fee and can share the legal fees of your bankruptcy attorney. Filing for bankruptcy first can also make the property division portion of your divorce case simpler. In a normal divorce, the court will divide both the assets and the debts.

Can you discharge an ex spouse’s debt after a divorce?

While you can discharge your obligation to pay a debt, you can’t discharge your ex-spouse’s payment obligations. If you’re filing Chapter 13 bankruptcy after a divorce, you will be responsible for repaying any debts attached to your name even if your ex-spouse is responsible…

What happens if I fail to pay my divorce debt?

“Unfortunately, the creditors don’t care what your divorce agreement stated,” says Justin Harelik of Bankrate.com. “You are still responsible to pay on this debt even if your [ex-spouse] fails to pay. The divorce agreement does not wipe out your responsibility to pay, only that you can force another person to do so.”