What Happens To Marital Debts In A Fort Lauderdale Divorce?

In a Fort Lauderdale divorce, property division is a primary concern, but dividing marital debts is equally important. From credit card balances to mortgage loans, the way debts get handled in Broward County divorce proceedings can have significant impacts on your financial security, now and in years to come.

If you are considering filing for divorce or going through a breakup, understanding how Florida law handles marital debts can help you make smarter decisions and avoid unexpected burdens. Our Fort Lauderdale divorce attorney explains what you need to know.

How Florida Law Handles Debt Division in a Fort Lauderdale Divorce

Florida is an equitable distribution state, which means courts divide marital assets and debts in a manner that’s fair, though not necessarily equal. Under Section 61.075 of the Florida Statutes, the court considers the type of debt, when it was incurred, and which spouse benefited from it.

In general, debts fall into two categories. Marital debts are incurred during marriage, regardless of whose name is on the account. Examples include joint credit cards, car loans, and mortgages. Premarital debts, or those incurred after separation, are that person’s individual responsibility.

When dividing marital debts in a Fort Lauderdale divorce, the court considers several factors:

• Each spouse’s income and ability to repay;
• The purpose of the debt and who benefited from it;
• Whether the debt is tied to an asset (like a car loan or mortgage);
• Whether one spouse took on more financial responsibility during the marriage.

Steps to Protect Yourself When Dividing Debts In A Broward County Divorce

Marital debts can jeopardize your financial security, now and in the future. When filing for divorce in the Broward County Family Court, there are proactive steps you can take to prevent paying more than your fair share:

• Get a Full Picture of All Debts: Collect account statements, credit reports, and loan details. Know the amount owed, who owes it, and whether it’s in your name.
• Freeze or Close Joint Accounts: If possible, freeze or close joint credit cards to prevent your spouse from racking up new debt in your name.
• Negotiate Debt Responsibility Wisely: If you plan to keep the house or car, expect to assume the associated debt.
• Consider Refinancing or Transferring Balances: If a debt is in your name but your spouse is taking responsibility for it, refinance or transfer the balance to their name alone.
• Document Everything: Your attorney will help ensure all agreements are reflected in the final divorce order to protect you from post-divorce disputes or surprises.

To Prevent Marital Debts From Impacting Your Future, Contact Our Experienced Fort Lauderdale Divorce Attorney

Dividing marital debt in a Fort Lauderdale divorce is just as important as dividing assets. At the Law Office of Sandra Bonfiglio, we provide the trusted legal guidance and fierce representation you need to avoid paying more than your fair share. To protect your financial security, contact our office. Schedule a consultation today with our experienced Fort Lauderdale divorce attorney.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

browardclerk.org/Divisions/Family