AS already stated you need to check out your states laws, you can find some info on line with alot of digging, but a lawyer is your best option. As long as you are married in most states it doesnt matter if both names are on the card, they take all debt into consideration. Most states make you acct for all possessions of both parties. It is a very confusing thing to go through and that is why a good lawyer is worth the investment to save you many headaches later on. My ex husband went and filed before our divorce was settled and we each had separate accts and his lawyer had told him he could add mine if we so choose to. It was so mind boggling at the time and I dont know what I would have done without the advice of the lawyer.