It is essential that a Divorce Decree divide the debts of the spouses. The alternative is to
potentially leave the debts undivided and each party with the uncertainty of who will have
to pay the debts.

There are two important things to consider in debt division:

A. No effect on third party creditors - Although the Court can order a division of debts in
any manner that the Court deems appropriate, a Court order effective between a husband
and wife is NOT necessarily effective against a third-party creditor. In other words, it is
possible that a credit card company can go after you or your former spouse on a joint credit
card regardless of who was ordered to pay the credit card debt in the Divorce Decree.

B. Income Taxes - Although the Court can order either spouse to pay the parties' income
taxes thorough the date of divorce, this is not effective as against the IRS. The IRS can
come after either party for the unpaid income taxes.