From The Mailbag: Ex-Spouses and Debt

I agree with some of the response. I see this all too often and it's always a difficult situation for the ex-spouse who didn't rack up and pay the debt. Many times there is no hold harmless clause in the decree, which creates significant headaches in getting the payment clauses enforced. Just another reason to pay for an attorney and not a document preparer to draft your decree of dissolution.
In all states, a third party creditor is not bound by the divorce decree settlement. Therefore, if you divide the debts in a divorce and the other party fails to pay that debt awarded to them, you can still be held liable for it. In all states, you are liable whether or not your name was even on the credit card/loan/etc. (unless it involves real estate) if the debt was incurred during the marriage.
There are several states courts which have now held that damage to the other person's credit rating is an action in post-decree situations where one spouse failed to pay off a debt/failed to take a person off as an authorized user, etc. When that hits your credit rating, and in the military that can be huge for issues of security clearance, promotion, etc. you may well be able to get compensation from the other party.
In the long run, it's best to require that all credit cards be frozen and that the credit accounts of any kind be closed subject to the payoff. Make sure you get a hold harmless clause in the divorce decree. Then you have the ability to go into court and have the other party held in contempt for failing to pay the debt, as well as ruining your credit rating, etc.

Decent people are tempted to be "reasonable" in disputes. Don't do it. When you're reasonable you're in an unfair battle, two against one. You and your opponent vs you. I know. Been there, done that. Fortunately, I have legal training and some buried instincts set in when my first wife and I separated. We had a credit card and she begged to keep it inasmuch as single women (in those days) had a harder time procuring credit than men. Well, I went to the bank and obtained a letter reflecting that the card was paid in full, that my wife was assuming full responsibility for it, and that I was no longer responsible. Several months later I was informed that the card was over drawn and that I had to settle the account. Oh, what a wonderful feeling when you are armored with documentation. I told the bank representative over the phone (I was living in another state at the time) of the situation and he refused to believe me. So I faxed him the letter. That put an end to that. However, being "reasonable", I agreed to pay it off for her (she had our children at the time and I didn't want them to suffer her idiocy).