In a Florida divorce, marital debt is divided between both spouses using the same equitable distribution rules that apply to marital assets. Debt taken on during the marriage is generally shared, even if only one spouse’s name is on the account. Under Fla. Stat. § 61.075, Florida courts divide marital debt fairly, which usually means equally, but not always. The court can assign more debt to the spouse who created it or who has the greater ability to pay.
Debt is often the hardest part of a divorce to untangle. Credit cards, mortgages, car loans, and medical bills all have to be sorted into marital and non-marital categories, then divided. Getting this wrong can leave you paying for debt that should have gone to your spouse.
At Justin Andersson, P.A., we help clients across Panama City, Bay County, and the Northwest Florida panhandle divide debt fairly and protect their financial future after divorce. Debt division decisions follow you for years, so getting them right matters.
What Is Marital Debt in Florida?
Marital debt is any debt incurred during the marriage, regardless of which spouse’s name is on the account. Florida law presumes that debt taken on between the date of marriage and the date of filing is marital, and both spouses share responsibility for it.
The name on the credit card or loan does not control who is responsible in the divorce. A credit card in the wife’s name alone can still be marital debt if the balance was built up buying things for the household during the marriage. The key question is when the debt was incurred and what it was used for.
Non-marital debt belongs to one spouse alone. This includes debt one spouse brought into the marriage, debt taken on after the date of separation or filing, and debt one spouse ran up for a purpose that did not benefit the marriage, such as an affair or a gambling habit.
How Do Florida Courts Divide Marital Debt?
Florida courts divide marital debt using equitable distribution under Fla. Stat. § 61.075. Equitable does not mean equal in every case. It means fair. In many divorces a fair split is a 50/50 division, but the court can adjust that when the facts call for it.
Judges look at several factors when dividing debt: each spouse’s income and earning capacity, who benefited from the debt, who incurred it, and each spouse’s financial situation after divorce. A higher-earning spouse may be assigned a larger share.
The court also connects debt division to asset division. A spouse who receives more marital assets, including retirement accounts split by a QDRO, may also take on more marital debt to keep the split fair. The final property and debt picture is balanced as a whole, not item by item.
Am I Responsible for My Spouse's Credit Card Debt in Florida?
If the credit card debt was incurred during the marriage for marital purposes, then yes, you can be held responsible for part of it even if the card is only in your spouse’s name. Florida treats this as marital debt subject to division.
The purpose of the spending matters. Debt used for household expenses, family vacations, groceries, and shared bills is marital. Debt one spouse secretly ran up on a girlfriend, a boyfriend, or a personal addiction can be assigned entirely to that spouse as non-marital or dissipated debt.
Proving the purpose of debt often requires financial records. A careful review of statements matters, and sometimes hidden spending surfaces. Uncovering concealed debt or dissipated funds can shift how the court divides the remaining balances.
What Happens to the Mortgage in a Florida Divorce?
The marital home mortgage is one of the largest debts most couples divide. Florida courts have several options: order the home sold and the mortgage paid from the proceeds, assign the home and its mortgage to one spouse, or allow both spouses to keep the home temporarily under a co-ownership arrangement.
When one spouse keeps the house, that spouse usually refinances the mortgage into their own name. This releases the other spouse from liability. Without a refinance, both names stay on the loan, which means both spouses remain legally responsible to the lender even after the divorce.
This creates a real risk. A divorce decree can say one spouse owes the mortgage, but the lender is not bound by that decree. If the spouse who kept the house stops paying, the lender can still pursue the other spouse whose name is on the loan. If you plan to buy a new home during or after the divorce, clearing your name from the old mortgage first protects both parties.
Does the Divorce Decree Protect Me From Creditors?
No. A Florida divorce decree divides debt between you and your spouse, but it does not change your agreement with the creditor. If your name is on a joint account, the creditor can still come after you if your ex fails to pay, no matter what the decree says.
This is one of the most misunderstood parts of divorce. The decree binds the two spouses to each other. If your ex was ordered to pay a joint debt and does not, you can take your ex back to court for violating the order. But the creditor can still report the missed payments and pursue you in the meantime.
The safest approach is to separate joint accounts entirely during the divorce. Close joint credit cards, refinance joint loans, and remove your name from any debt your spouse is keeping. Clean financial separation prevents your ex’s future choices from damaging your credit.
Can Debt Division Affect My Credit Score?
Yes. Debt division in a divorce can affect your credit score in several ways. Joint accounts that stay open, missed payments by an ex-spouse on shared debt, and the closing of long-standing accounts can all move your score.
If your ex misses payments on a debt that still carries your name, those late payments appear on your credit report and lower your score. This happens even when the divorce decree assigned that debt to your ex. The credit bureaus report based on the account, not the court order.
Monitoring your credit during and after a divorce is smart. Some debts, like child support arrears on your credit report, require specific steps to address. Staying on top of your accounts protects the credit you need to rebuild.
How Can I Protect Myself From Marital Debt?
The best protection starts before and during the divorce. Pull a full credit report early so you know every account with your name on it. Many people discover joint debts or authorized-user accounts they forgot about, and those need to be addressed in the settlement.
During the divorce, push for clear debt assignment in the settlement, and insist on mechanisms that protect you: refinancing, account closures, and indemnification clauses. In high-asset divorce cases, an indemnification clause requires your ex to repay you if you get stuck paying a debt they were assigned.
A prenuptial or postnuptial agreement can also shield you from a spouse’s debt by defining which debts stay separate. If you did not sign one, careful preparation before you file for divorce is your main tool for protecting your financial future.
Frequently Asked Questions
No. Florida is an equitable distribution state under Florida divorce law. Marital debt is divided fairly based on the circumstances, which is often but not always a 50/50 split.
Usually not. Debt one spouse secretly incurred for non-marital purposes, such as an affair or gambling, can be assigned entirely to that spouse. Proving this often requires financial records.
Debt taken on after the date of separation or filing is generally considered non-marital and belongs to the spouse who incurred it, though the exact date used can be disputed.
Yes, by the creditor. A creditor can pursue anyone whose name is on the account regardless of what the divorce decree says. The decree only binds you and your ex to each other.
Some debts can be discharged in bankruptcy, but support obligations like child support and alimony cannot. Debt division and bankruptcy interact in complex ways that need careful legal review.
Talk to a Florida Family Attorney About Dividing Your Debt
How debt is divided in your divorce shapes your finances for years. A fair division, clean account separation, and the right protective clauses keep your ex’s future choices from becoming your problem. Justin Andersson, P.A. helps clients across Panama City and Bay County divide debt fairly and protect their financial future.