Can You Be Held Responsible For Your Spouse’s Debts After A Fort Lauderdale Divorce?
Dividing marital property and assets is a key part of getting a divorce in Fort Lauderdale, and the outcome can impact your ability to recover financially. But what about marital debt?
If your spouse ran up credit card balances, took out loans, or accumulated other financial obligations during your marriage, do those debts follow them out the door, or could you be held responsible? It is a question our experienced Fort Lauderdale divorce attorney hears often, and the answer depends on several important factors under Florida law.
How Fort Lauderdale Courts Classify Marital Debt
Florida is an equitable distribution state, which means that both marital assets and marital debts are divided fairly between spouses during a divorce, though not necessarily on a 50/50 basis.
Under Florida Statutes Section 61.075, the Broward County family court begins with the premise that marital debts should be split equally, but it can adjust that division based on the specific circumstances of each case.
The distinction between marital and non-marital debt is critical. Here is how Florida law generally draws that line:
- Marital debt is any financial obligation incurred during the marriage, regardless of whose name appears on the account, and is subject to equitable division.
- Non-marital debts are those from before the marriage, or incurred solely for your spouse’s individual benefit, and are not divided.
- Joint accounts and co-signed loans are shared obligations.
- Debt tied to a specific asset is often assigned to the spouse who receives that asset, such as a mortgage going to the spouse who keeps the marital home.
One important note: If your spouse engaged in reckless or wasteful spending, such as having a gambling problem or running up debts in anticipation of your divorce, a Broward County judge could hold them solely responsible for repaying them.
A Fort Lauderdale Divorce Decree Does Not Override Legal Agreements With Creditors
While you may not be responsible for your spouse’s debts in a Fort Lauderdale divorce, the Florida Department of Revenue warns that the terms of a divorce settlement are not binding for creditors. If both your names are on a credit card or loan, they can still come after you.
To protect yourself, take the following steps before the final divorce order:
- Close or freeze joint credit accounts.
- Refinance or transfer loans to remove you from financial obligations assigned to your spouse.
- Include indemnification language in your divorce settlement, requiring your spouse to reimburse you if they default on a joint debt.
- Monitor your credit report regularly post-divorce.
A well-negotiated marital settlement agreement can help minimize your exposure to a former partner’s financial choices.
Contact Our Experienced Fort Lauderdale Divorce Attorney Today
Marital property is divided equitably in a Broward County divorce, including debts. At The Law Office of Sandra Bonfiglio, P.A., we protect your financial interests, guide you in navigating property division, fight for the best possible settlement, and address all marital debts.
To avoid being held liable for bills your spouse incurred, contact our office. Request a consultation with an experienced Fort Lauderdale divorce and property division attorney today.
Source:
flsenate.gov/Laws/Statutes/2024/61.075
