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How Marital Debts Are Handled in Florida Divorces
Introduction
Dividing assets in a Florida divorce is often a key concern, but just as important is the division of marital debts. Couples frequently accumulate shared financial obligations during a marriage, including mortgages, credit card debt, car loans, and medical bills. Florida law requires that debts be distributed fairly between spouses, but determining what is equitable can be complicated.
This guide explains how Florida courts handle marital debts in a divorce, how to distinguish between marital and non-marital debts, and what spouses can do to protect their financial future.
Marital vs. Non-Marital Debt in Florida
Florida law classifies debts as either marital or non-marital, and this distinction is crucial in determining responsibility for repayment after a divorce.
Marital Debt
Marital debt includes any financial obligations incurred during the marriage, regardless of which spouse’s name is on the account. Common examples include:
- Mortgages and home equity loans
- Car loans taken out during the marriage
- Credit card balances accumulated for household expenses
- Joint tax debts
- Medical bills incurred while married
Both spouses are typically responsible for marital debts, even if only one spouse was the primary user of the account.
Non-Marital Debt
Non-marital debt is any financial obligation that belongs to one spouse individually and is not subject to division in a divorce. Examples include:
- Debt acquired before the marriage
- Student loans taken out before or after the marriage if only one spouse benefited
- Debts related to gifts or inheritances received by one spouse alone
- Credit card debt from unauthorized spending by one spouse for personal benefit
If a debt is considered non-marital, the spouse who incurred it is solely responsible for repayment.
How Florida Courts Divide Marital Debt
Florida follows the equitable distribution principle, meaning that marital debts are divided fairly but not necessarily equally. Courts consider several factors when determining how to divide debt, including:
- Each spouse’s income and financial resources
- The length of the marriage
- Which spouse benefited from the debt
- Whether either spouse recklessly accumulated debt
- Whether one spouse is receiving more marital assets in the divorce
In some cases, one spouse may take on a larger share of the debt to offset their receipt of valuable marital property.
Debt Related to Specific Assets
Some debts are tied directly to assets, which influences how they are divided in a divorce.
Mortgage Debt
- If one spouse is awarded the marital home, they usually become responsible for the mortgage.
- The other spouse may be compensated with other assets or a buyout of their share of home equity.
- In cases where neither spouse can afford the home, selling the property and splitting the proceeds (or remaining debt) may be the best option.
Car Loans
- The spouse who keeps the vehicle typically assumes responsibility for the remaining loan balance.
- If both spouses co-signed the loan, refinancing may be necessary to remove the other spouse from liability.
Credit Card Debt
- If credit card debt was used for household expenses, courts usually divide it between both spouses.
- If one spouse used credit cards for personal luxury purchases or an extramarital affair, the court may assign that debt to the spender alone.
Understanding how specific debts are linked to assets can help spouses negotiate a fair settlement.
Protecting Yourself from Debt After Divorce
Debt division in a divorce decree does not change contractual agreements with creditors. If both spouses’ names are on a loan or credit card, creditors can still pursue either spouse for repayment, regardless of what the divorce order states. To avoid future financial issues, consider these steps:
- Close joint accounts – Prevent further debt accumulation by closing or freezing shared credit card accounts.
- Refinance or transfer loans – If possible, remove your name from any loans assigned to your spouse.
- Monitor your credit report – Keep track of whether your former spouse is paying debts as agreed.
- Request indemnification – Include legal language in the divorce settlement requiring your spouse to reimburse you if they default on a joint debt.
Taking proactive measures can help prevent post-divorce financial complications.
What If a Spouse Stops Paying a Court-Ordered Debt?
If your former spouse was ordered to pay a marital debt but fails to do so, creditors can still seek repayment from you if your name is on the account. In this case, you can:
- File a motion for enforcement – Ask the court to require your ex-spouse to comply with the divorce decree.
- Seek contempt of court penalties – The court may impose fines or other consequences on a non-paying spouse.
- Negotiate with creditors – Some creditors may be willing to restructure payments or remove your name from joint debts.
It is important to address non-payment issues quickly to protect your credit and financial well-being.
How a Family Law Attorney Can Help
A family law attorney can assist with:
- Determining which debts are marital vs. non-marital.
- Negotiating fair debt division during divorce settlement discussions.
- Protecting clients from being unfairly assigned debt that they did not accumulate.
- Ensuring that divorce agreements include safeguards to prevent future financial liability.
- Representing clients in court if a former spouse fails to meet their debt obligations.
At Bonderud Law, we help clients navigate the complexities of debt division in Florida divorces, ensuring that financial obligations are handled fairly and legally. If you need assistance with debt-related matters in your divorce, contact us today for a free consultation.
Conclusion
Marital debts must be fairly divided in a Florida divorce, but that does not always mean a 50-50 split. Courts consider factors such as income, spending habits, and financial needs when allocating debts. Because creditors are not bound by divorce agreements, protecting yourself from future liability requires careful planning and legal guidance.
If you are facing a divorce and need help with debt division, working with an experienced family law attorney can help ensure that you achieve a fair financial outcome.