Amaral & Associates, P.C. - Divorce, Family Law

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Protecting Your Credit in a Divorce

It is not uncommon for married couples to have joint accounts, including joint credit cards. However, once married couples are involved in a divorce, they must decide how to apportion the credit card debt. At that time, each spouse should be looking to protect their credit as much as possible.

In Massachusetts, each spouse’s credit is effectively protected during the divorce through the automatic financial restraining order that is put into place at the beginning of the divorce through Supplemental Probate and Family Court Rule 411. That rule states:

The following restraining order shall remain in effect during the pendency of the action, unless it is modified by agreement of the parties or by further order of the court.

(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property, real or personal, belonging to or acquired by, either party, except: (a) as required for reasonable expenses of living; (b) in the ordinary and usual course of business; (c) in the ordinary and usual course of investing; (d) for payment of reasonable attorney’s fees and costs in connection with the action; (e) written agreement of … Read More »



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