During the Marriage, He Took Out a Credit Card in My Name. Am I Responsible for That?

Financial betrayal in a marriage can be deeply unsettling—especially when it involves credit cards or debt taken out in your name without your knowledge or consent. If you’ve recently discovered that your spouse opened a credit card in your name during the marriage, you’re likely wondering: Am I responsible for paying it back? Can I dispute the charges? Does it affect my credit? These are common and important questions, particularly during or after a divorce.

In this article, we’ll explore how debt is treated in marriage, the difference between joint and individual liability, and what legal steps you can take if your spouse used your name to open a credit card account without your approval.

Joint vs. Individual Debt

Not all debts are created equal in the eyes of the law. A key factor in determining responsibility is whether the credit card account was:

• Joint: Both spouses are listed as account holders and equally liable.
• Individual: Only one spouse is the named account holder, though the debt may still be considered marital depending on how it was used.

If your spouse opened a credit card in your name only, the situation becomes more complex—especially if you didn’t authorize it.

What If You Didn’t Authorize the Account?

If your spouse opened the account without your knowledge or forged your signature, that may be considered identity theft or fraud. You are generally not legally responsible for debts you didn’t authorize, especially if you never used the card or benefited from it.

To protect yourself:

• Request a copy of the credit application from the credit card company to see how it was opened.
• Check your credit report for any other unauthorized accounts.
• File a fraud report with the credit card company, credit bureaus, and possibly law enforcement.
• Submit a sworn affidavit stating you didn’t open or authorize the account.

However, be prepared for the credit card company to investigate, and be aware that proving fraud can take time. Documentation is essential.

When You Might Still Be Held Responsible

Unfortunately, some gray areas can arise:

• If you authorized your spouse to use the card after the fact, the creditor may argue you ratified the account.
• If you made payments or benefited from the purchases, you may be seen as partially responsible.
• If the card was used for household expenses, courts may treat it as a marital debt, even if it was in your name.

How Courts Handle Credit Card Debt in Divorce

In most states, including North Carolina, courts use the principle of equitable distribution when dividing property and debt in a divorce. That means assets and liabilities are divided fairly—not necessarily equally.

The court may consider:

• Who incurred the debt and why
• Whether the debt benefited the marriage (e.g., buying furniture vs. gambling)
• Who is in the better financial position to repay it
• Whether fraud or misconduct occurred

If the court determines that your spouse took out a card in your name without consent and used it for personal, non-marital purposes, they may assign the debt to your spouse in the divorce judgment. However, creditors are not bound by divorce orders. If your name is on the account, the credit card company may still pursue you for payment unless the debt is successfully disputed.

Can You Remove Your Name From the Debt?

Once your name is attached to a credit card account, removing it is often difficult unless:

• You close the account
• You negotiate a settlement with the creditor
• The debt is discharged in bankruptcy (if applicable)
• You prove fraud and have the account removed from your credit history

Simply put, divorce courts can assign the debt, but they can’t erase your name from the lender’s system. That’s why disputing the account as fraudulent, if applicable, is important.

Steps to Take If This Happened to You

• Check your credit report from all three major bureaus (Equifax, Experian, TransUnion).
• Contact the credit card company to report the unauthorized account.
• Consult a family law attorney to review how the debt should be handled in your divorce or separation.
• File a police report if your identity was stolen.
• Place a fraud alert or credit freeze on your credit file to prevent future unauthorized activity.

Protecting Yourself Going Forward

If you’re still married and trying to protect your credit, here are some precautions:

• Monitor your credit regularly with free tools or a credit monitoring service.
• Establish separate finances, especially if divorce is a possibility.
• Set up alerts for new accounts or credit inquiries in your name.
• Talk openly with your spouse about financial responsibilities and expectations.

Financial transparency is key in any relationship, but if your trust has already been broken, legal protection becomes essential.

Final Thoughts

Discovering that your spouse opened a credit card in your name without your knowledge is not only a violation of trust—it can have long-term financial consequences. The good news is, you may not be legally responsible for the debt, especially if you never authorized it. But acting quickly and strategically is crucial.

Whether you’re in the middle of a divorce or simply trying to protect your credit, speak with a family law attorney who understands both marital law and consumer rights. They can help you untangle your legal and financial responsibilities—and ensure your future is protected.