Last Updated: June 2026
Top 7 Ways to Protect Your Credit During a Divorce
A California Family Law Attorney’s Guide to Keeping Your Credit Score Intact
What This Article Covers
This article lists seven practical steps to protect your credit score during and after a California divorce. These steps work for both military and civilian divorces. Credit damage is easier to prevent than to repair.
1. Pull Your Credit Report From All Three Bureaus
You cannot protect what you do not know. Before filing, request your credit report from Equifax, Experian, and TransUnion. You are entitled to one free report per year from each bureau. Review every account, every inquiry, and every balance.
Look for accounts you did not open. Look for authorized users on your credit cards who should not be there. Look for joint accounts with balances higher than you expected. Your credit report is the starting point for everything that follows. If you do not know the full picture, you cannot make informed decisions.
2. Remove Your Spouse as an Authorized User
Authorized users can charge on your credit card even if they are not legally responsible for the debt. During divorce, emotions run high. A spouse who feels wronged may run up your credit card out of spite. Remove them as an authorized user immediately.
This is not a hostile act. It is protection. You are not cutting off their access to community funds. You are preventing them from charging personal expenses to your individual credit. If the card is a joint account, you cannot remove them without closing the account. But if it is your card and they are only an authorized user, the credit card company can remove them with one phone call.
3. Close Joint Credit Cards
Joint credit cards are the biggest source of post divorce credit damage. Your spouse agrees to pay the card in the divorce judgment. Six months later they stop paying. The creditor calls you. Your credit score drops 100 points. The divorce judgment does not stop the creditor from pursuing you because the creditor was not a party to your divorce.
The solution is to close joint accounts or convert them to individual accounts before the divorce is final. Some credit card companies allow you to transfer a joint balance to two separate cards. Others require you to pay off the balance first. Talk to your lawyer about timing. Closing all joint credit cards may affect your credit utilization ratio temporarily, but it prevents long term damage from an ex spouse who stops paying.
4. Refinance the House or Car in One Name
If you are keeping the house or a car, refinance the loan in your name alone. If your spouse is keeping the asset, insist that they refinance. Do not accept a promise to “make the payments” without removing your name from the loan. Promises fade. Credit reports last seven years.
California courts can order a spouse to refinance, but enforcement takes time. If your spouse refuses or cannot qualify for a new loan, the court may order the asset sold. This is often the cleanest solution. A forced sale eliminates the joint debt and splits the equity. It is better than watching your credit suffer because your ex cannot make the payments.
5. Monitor Accounts During the Divorce
Do not assume your spouse will play fair. Check joint accounts weekly during the divorce. Look for unusual withdrawals, large purchases, or transfers to unknown accounts. Under California Family Code § 721, your spouse owes you a fiduciary duty. But duty violations happen daily in family court.
If you see suspicious activity, tell your lawyer immediately. The court can issue orders freezing accounts, requiring accounting, or imposing sanctions. But the court cannot act if it does not know there is a problem. Monitoring is your responsibility until the judgment is entered.
6. Pay Minimums on Joint Debts Even If Your Spouse Was Ordered to Pay
This is the hardest advice to follow. Your spouse was ordered to pay the joint credit card. They stopped paying. You want to let the account go to collections to prove a point. Do not do it. Your credit score will suffer, and the creditor will come after you regardless of the divorce judgment.
Pay the minimum to protect your credit. Then file a motion with the court to enforce the judgment and recover what you paid. California courts can order reimbursement, attorney fees, and sanctions for willful nonpayment. But you must protect your credit first and seek reimbursement second. The court cannot undo a credit score drop.
7. Freeze Your Credit
A credit freeze prevents new accounts from being opened in your name. During divorce, a vengeful spouse may try to open credit cards or loans using your personal information. A freeze stops this cold. You can lift the freeze anytime you need to apply for credit yourself.
Freezing your credit is free and takes about ten minutes per bureau. You will receive a PIN that allows you to lift the freeze when needed. Keep the PIN in a safe place. This is one of the simplest and most effective protections available during divorce.
Frequently Asked Questions
Quick Answers on Credit Protection During Divorce
Q1: Can my spouse ruin my credit during divorce?
Yes, if they stop paying joint debts or run up balances on joint accounts. Protect yourself by closing joint cards, removing authorized users, and monitoring accounts weekly.
Q2: Does the divorce judgment protect me from creditors?
No. Creditors are not parties to your divorce. They can pursue either spouse for a joint debt regardless of what the judgment says. You must remove your name from the debt or pay it to protect your credit.
Q3: Should I close all joint accounts before filing?
Talk to your lawyer first. Closing accounts can affect your credit utilization ratio and may look suspicious if done right before filing. But protecting your credit is generally a legitimate reason for closing joint accounts.
Q4: What if my spouse refuses to refinance?
The court can order refinancing as a condition of keeping the asset. If your spouse cannot qualify, the court may order the asset sold. This is often the best solution for protecting both parties’ credit.
Q5: Is a credit freeze free?
Yes. Federal law requires all three credit bureaus to provide free credit freezes. You can freeze and unfreeze your credit at no cost.
Key Takeaways
What California Residents Need to Remember About Credit Protection
✓ Know Your Credit Report: Pull reports from all three bureaus before filing. Identify every joint account and authorized user.
✓ Remove Authorized Users: Prevent your spouse from charging personal expenses to your individual credit cards.
✓ Close or Refinance Joint Debts: The divorce judgment does not bind creditors. Remove your name from joint obligations or pay them off.
✓ Monitor Accounts Weekly: Watch for suspicious activity and tell your lawyer immediately if you see problems.
✓ Pay Minimums to Protect Your Score: If your spouse stops paying a joint debt, pay the minimum and seek reimbursement through the court. Do not let your credit suffer to prove a point.
✓ Freeze Your Credit: Stop new accounts from being opened in your name. It is free and effective.
✗ Common Mistakes: Trusting the divorce judgment to stop creditors, ignoring joint accounts, letting authorized users remain active, refusing to pay minimums out of spite, and failing to monitor accounts during proceedings.
Protect Your Credit and Your Future
Our Los Angeles family law attorneys build divorce judgments that protect your credit, not just your assets. We enforce debt division orders and hold nonpaying spouses accountable.
Evening and weekend appointments available. Both Santa Monica and Sherman Oaks locations.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700-D
Santa Monica, CA 90401
Phone: 310-917-1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818-380-3039
Hours: Monday – Friday, 9:00 AM to 6:00 PM
Areas Served: Los Angeles County, Orange County, Ventura County, San Diego County, and military installations statewide including Camp Pendleton, Naval Base San Diego, Travis AFB, and Los Angeles Air Force Base.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney client relationship. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.
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