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    Obligations Arising from Credit Card Accounts

    The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.


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    Vol. 80, No. 11, November 2007

     

    Figure 1
    Obligations Arising from Credit Card Account to
    Which Only One Spouse Is a Party
    (Account Opened Before Determination Date) 12

    Nature of obligation
    All marital property available to satisfy? Incurring spouse’s interest in marital property available to satisfy? Nonincurring spouse’s interest in marital property available to satisfy? Incurring spouse’s other property available to satisfy?
    Nonincurring spouse’s other property available to satisfy?
    Obligation incurred on or after Jan. 1, 1986, on account opened before Jan. 1, 1986 (Wis. Stat. § 766.555(2)13 Only with proper notice14 Yes No Yes No
    Nonfamily-purpose obligation incurred by a spouse after determination date (Wis. Stat. § 766.555(3)(b))15 No Yes No Yes No
    Family-purpose16 obligation incurred after determination date (Wis. Stat. § 766.555(3)(c)) Yes Yes Yes Yes No

    Figure 2
    Obligations Arising from Credit Card Plans to
    Which Both Spouses are Parties
    (Account Opened After Determination Date) 12

    Nature of obligation
    All marital property available to satisfy? Incurring spouse’s interest in marital property available to satisfy? Nonincurring spouse’s interest in marital property available to satisfy? Incurring spouse’s other property available to satisfy?
    Nonincurring spouse’s other property available to satisfy?
    Spouse’s obligation to satisfy duty of support to other spouse or child of marriage (Wis. Stat. § 766.55(2)(a)) Yes Yes Yes Yes No
    Family purpose obligation, generally (Wis. Stat. § 766.55)(2)(b)) Yes Yes Yes Yes No
    Obligations incurred during marriage attributable to obligation arising before marriage (Wis. Stat. § 766.555(2)(c)) No Yes (provided it would have been the spouse’s property except for the marriage) No No Yes
    Tort obligations
    No Yes No Yes No
    Other obligations not falling into preceding categories
    No Only after exhausting other property of incurring spouse No Yes No

     

     

     




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