What to Do If Your Credit Card Is Maxed Out Before Divorce
A question we hear often in our community is: “What if my credit card is maxed out, most of the charges are just for living expenses, and I don’t have a way to pay it down before divorce is filed?”
If you’re a stay-at-home parent without income of your own, this can feel especially scary. Debt isn’t just numbers on a page—it’s stress, fear, and uncertainty about how you’ll make it through. Let’s talk about what this means and what you can do.
Debt and Divorce Basics
Most states treat debt accumulated during the marriage as marital debt, even if it’s only in one spouse’s name. That means the court may divide responsibility for it, just as it divides assets. If your card was used for family expenses, it may not end up being “just your debt.”
Why Credit Score Matters (and Why It’s Not the End of the Story)
A low credit score can make it hard to get new lines of credit, balance transfers, or loans. But don’t panic—there are other options. Courts understand that many stay-at-home parents are financially dependent on their spouse, and spousal support or debt division may help balance things out over time.
What You Can Do Right Now
Document your spending. Keep receipts or notes showing the charges were for household or kids’ expenses. This can matter in court.
Talk to your attorney. They may be able to raise this in negotiations or at the first hearing.
Look into community resources. Some nonprofits, religious organizations, or local programs offer emergency help with food, utilities, or childcare so you don’t have to rely solely on credit.
Focus on essentials only. As hard as it is, avoid adding to the balance with non-essential spending.
A Gentle Reminder
Being maxed out is not a personal failing—it’s a reflection of the impossible position many stay-at-home parents are put in when marriages break down. The court will take into account the financial realities of your family, and you are not alone in this.
At Fresh Starts, we have financial advisors, divorce attorneys, and coaches in our Expert Guide who can help you make a plan, protect yourself, and take the next right step.
If you’re preparing for divorce, download our free ebook, What to Consider When You’re Considering Divorce. It’s packed with scripts, checklists, and compassionate advice for protecting your financial stability in uncertain times.
Your fresh start isn’t defined by your credit score—it’s defined by your courage to move forward anyway.