What to Do If Your Ex Stops Paying Shared Debts? | Los Angeles Divorce
Hi, I’m Tim Blankenship with Divorce661. One of the most frustrating things my clients face after a divorce is when an ex stops paying debts they were supposed to handle. It’s especially painful when your name is still attached to the account. In this article I’ll walk you through why divorce paperwork alone won’t protect you from creditors, practical steps to limit the damage, and the legal options available to enforce the judgment or recover what you’re owed.
Why a Divorce Judgment Doesn’t Protect You from Creditors
Creditors are not parties to your divorce agreement. That means even if your divorce judgment clearly assigns responsibility for a credit card, loan, or mortgage to your ex, the creditor can still hold both of you responsible if the account is joint. If your ex misses payments, your credit score can take a hit.
“Even if your divorce judgment says they’re responsible, creditors don’t care.”
Because of this reality, one of the best things you can do during the divorce is remove your name from any joint accounts whenever possible. If removal isn’t possible before the final judgment, the paperwork should at least include clear safeguards and contingency plans.
Immediate Steps to Take If Your Ex Stops Paying
If your ex has already stopped paying a shared debt, take these practical steps right away to limit the financial fallout:
- Contact the creditor immediately. Explain the situation, ask what options you have, and find out whether you can close the account, refinance, or negotiate a settlement.
- Ask about removing your name. Depending on the type of account, the creditor may allow you to remove your name or transfer the debt to your ex alone if they qualify.
- Document everything. Start tracking missed payments, late notices, collection attempts, and any correspondence with the creditor or your ex. This documentation is crucial if you need to go back to court.
- Consider temporary remedies. In some cases you can pay or settle the balance to stop more damage to your credit, then pursue reimbursement from your ex through legal channels.
How to Communicate with Creditors
When you call a creditor, be calm and factual. Explain that the account is joint and that your ex is supposed to be paying per the judgment (even though the creditor won’t be bound by that). Ask directly:
- What options are available to close or transfer the account?
- Can the creditor place a temporary hold while you resolve the dispute?
- Is there a hardship program, payment plan, or settlement option?
Get the representative’s name and the details of any agreement in writing whenever possible.
Legal Remedies: Enforcing the Judgment
If the creditor won’t help or your ex refuses to comply, you may need to use the court system. A post-judgment enforcement motion can hold your ex accountable and potentially recover missed payments, late fees, and other damages. Be aware that:
- Enforcement actions can take time and may not immediately reverse credit damage.
- You’ll want the documentation of missed payments and correspondence to support your motion.
- Court orders can lead to reimbursement, wage garnishment, or liens depending on the situation and the court’s findings.
I once worked with a client whose ex let a joint credit card go unpaid, causing late fees to pile up and damaging both of their credit scores. We filed a post-judgment enforcement motion and she was eventually reimbursed, but the process took time and the credit hit could have been avoided with stronger protections up front.
How to Protect Yourself During the Divorce Process
Prevention is always easier than cure. During the divorce, consider these steps to protect your credit and finances:
- Remove your name from joint accounts whenever possible before finalizing the divorce.
- Refinance mortgages and loans into a single name where feasible.
- Include explicit financial safeguards and enforcement mechanisms in the divorce judgment.
- Use flat-fee divorce services with built-in financial protections if you want predictable costs and clear documentation.
How Divorce661 Can Help
At Divorce661 we focus on practical, strategic divorce solutions that protect your credit and financial future. We help clients by:
- Building financial safeguards into divorce paperwork so problems are less likely after the judgment.
- Assisting with post-judgment enforcement to hold an ex accountable and recover missed payments.
- Helping you explore options with creditors—closing accounts, refinancing, or settling balances when appropriate.
- Providing 100% remote support across California and flat-fee divorce options for predictable pricing.
Conclusion — Don’t Let Shared Debts Sink Your Credit
If your ex has stopped paying shared debts, don’t panic—but do act quickly. Contact the creditor, document missed payments, and consult a lawyer about enforcement options. Strong divorce paperwork and early action can prevent a lot of stress and financial harm.
If you’re feeling stuck, visit Divorce661.com to schedule a free consultation. We’ll help you understand your rights, explore your options, and take practical steps to protect your credit and peace of mind.
Have you experienced an ex stopping payments on shared debts? Share your story or questions — it may help someone else facing the same situation.