Breach of Separation Agreement


#1

I am in the process of getting the Divorce papers ready to be signed for I year +1 day and submitted to SBTX.
However I just found out that the SBTX had maxed out my Credit Card without my persmission. There is a statement in the Separation Agreement basically says that we are each responsible for our own debits and cannot create additional debit onto the other spouse.

I can show the balance of the credit card before separation and after separation and the charges the SBTX had made. The Credit Card is in my name.

Obviously I would need to contact an attorney to pursue litigation. It would appear to me that I should still be able to start the paper work process at the same time getting a letter sent from an attorney to the SBTX to address the issue?

Thoughts…


#2

The issue with the credit card is a breach of contract. The divorce has nothing to do with your contractual obligations to one another.