Who is Responsible for Debt in a Florida Divorce?

Understanding Debt and Divorce

One of the most complicated parts of divorce is determining who is responsible for the debt — and dealing with debt itself can make any situation that much more stressful. Florida is an equitable distribution state, which means that property, assets, and debt are distributed fairly during a divorce. However, “fair” does not equate to 50/50. Here’s what you need to know.

Types of Debt

There are three types of debt to take into account when it comes to equitable distribution. Here’s how each of these works in the divorce process:

Premarital Debt

Premarital debt refers to debt that one spouse already had before getting married and only in one spouse’s name, such as credit cards. If one spouse had never used the credit cards, under Florida laws, the spouse who was issued the credit card in their name would be responsible for that debt.

Non-Marital Debt

Any debt under one spouse’s name only, and not paid with marital funds (and used as separate property), is considered non-marital debt. As an example, one spouse may have a business credit card or business loan. Even if these types of debts are acquired during the marriage, the courts may consider this a non-marital debt.

Marital Debt

When spouses have joint credit cards, car loans, and mortgages together, it is considered marital debt. Under Florida law, both spouses would be responsible for this type of debt. However, in some cases, like credit cards, if it can be proved that one spouse did not use the card or the card was not used to purchase items for the family, the debt may be the sole responsibility of the spouse who used the card.

Need Help with a Florida Divorce? We are Here For You.

Filing for divorce is never easy, and when it involves distributing assets and deeming who’s responsible for debts fairly, it can be a daunting process. Florida divorce laws can be complicated, and without the support and extensive experience from a divorce lawyer, it can make the process much more stressful.

If you are feeling frustrated and unsure of how to handle the financial aspects of your separation, we are here to help. Our Jacksonville family law attorneys will guide you through the process and help you every step of the way. You are not alone.

Contact Owenby Law, P.A. today at (904) 770-3141 to schedule a free initial consultation with our team.