Breaking up is hard enough without fighting over credit card bills and car loans. But debt doesn’t go away when you get divorced in Florida; it gets divided. And if you don’t handle it the right way, you could end up stuck with more than your fair share.
How Florida Handles Debt in Divorce
Florida uses what’s called “equitable distribution.” That means the court tries to divide things fairly, but not always 50/50. This includes both assets and debts. If you and your spouse can’t agree, the judge will decide who pays what.
Marital debt is anything either of you took on during the marriage. It doesn’t matter whose name is on it. Credit cards, car loans, mortgages, and even tax debts can all be considered marital if they were used while you were married. These are usually split between the couple.
Debts you had before the marriage are usually yours alone. So, if you had a personal or student loan before getting married, that will probably stay with you after the divorce. The same goes for any debt your spouse had before tying the knot.
When Debt Feels “Unfair”
Not all debts are treated the same. If one spouse ran up credit cards on gambling or secret spending, the judge might assign that debt only to them. If one person racked up charges after separating, that could also change how the debt is divided.
Even if the court orders your ex to pay a particular bill, that doesn’t get your name off the account. If they stop paying, the creditor can still come after you. That’s why it’s important to close joint accounts and transfer balances when possible.
What Happens With the Big Debts?
If one person keeps the house, they usually take on the mortgage. But if your name is still on the loan, you’re still legally tied to it. Selling the home or refinancing can help cleanly separate the debt and protect your credit down the road.
Car loans are usually handled by the person who keeps the car. Credit card debt is often divided, but you should try to remove your name from any accounts your ex will use. Utility bills, rent, and other shared costs should be settled before the divorce is final.
Agreeing Outside of Court Can Save You
The best-case scenario is that both of you agree on how to split the debt and put it in writing. That way, you avoid court and make sure everything is clear. But even in agreements, make sure accounts are separated or closed to protect yourself.
Debt is one of the most common reasons people get in trouble after a divorce. Just because something feels fair doesn’t mean it’s legal or enforceable. Make sure you know what’s in your name and what the court will expect you to handle.
Call the Law Office of Ray Garcia, P.A.
We help people across South Florida deal with the real-life issues that come with divorce, including debt. If you’re worried about who’s going to pay what, call our office. We’ll talk to you directly and help you protect yourself from the financial mess that can come with divorce.
Garcia & Garcia Attorneys at Law
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