Divorce is never easy, and dividing assets is only part of the financial picture. Many couples going through divorce in Florida are surprised to learn that debt is also divided—and not always the way they expect. If you are facing divorce, it’s important to understand how Florida law treats debt, which debts may be considered “yours” versus “shared,” and how the courts make their decisions.
Florida’s Equitable Distribution Law
Florida follows the principle of equitable distribution in divorce. This means marital property and marital debt are divided fairly, though not always 50/50. The court will look at the overall financial circumstances, contributions of each spouse, and what is considered “marital” versus “non-marital.”
- Marital debt includes debts incurred during the marriage, regardless of whose name is on the account.
- Non-marital debt includes debts taken on before the marriage, or debts specifically kept separate through a prenuptial or postnuptial agreement.
You can read more about equitable distribution in Florida Statute §61.075.
For example, if one spouse took out a credit card during the marriage to pay household expenses, both spouses may be responsible for that debt, even if the account is in one person’s name.
Common Types of Debt in Divorce
When Florida courts divide debt, they typically consider:
- Mortgages and home equity loans – If the marital home is sold, the mortgage balance is usually paid off first. If one spouse keeps the home, they may assume responsibility for the mortgage.
- Credit card balances – Joint accounts are typically shared, but even individual cards may be considered marital debt if used for family expenses.
- Auto loans – Debt usually follows the vehicle. If one spouse keeps the car, they often take on the loan.
- Student loans – These can be tricky. In general, if the loan benefited the marriage (for example, improving household income), it may be considered marital debt.
- Medical bills – If incurred during the marriage, these are usually divided as marital debt.
The Florida Courts Family Law Self-Help Center provides useful guidance for people navigating divorce and related financial issues.
How Courts Decide Who Pays
Judges in Florida consider several factors when dividing debt, such as:
- Each spouse’s income and financial situation
- Who benefited from the debt
- Whether either spouse acted irresponsibly or wasted marital funds
- Agreements made in mediation or settlement discussions
Sometimes, courts may assign more debt to one spouse if the other is taking on fewer assets, or if one spouse has a significantly higher earning capacity.
Protecting Yourself During Divorce
If you are going through divorce in Florida, here are some steps to protect yourself when it comes to debt:
- Gather all financial records – including credit card statements, loan documents, and medical bills.
- Close or freeze joint accounts – to prevent new charges.
- Check your credit report – so you know exactly what debts exist in your name. You can get a free copy annually at AnnualCreditReport.com.
- Consider mediation – which can allow for a fairer, more flexible agreement than leaving everything up to the court.
Why Legal Guidance Matters
Dividing debt during divorce is just as important as dividing assets. A skilled Florida divorce attorney can help ensure that you are not unfairly burdened with debt that should be shared or excluded. Every case is unique, and legal advice tailored to your situation can make a significant difference in your financial future.
Debt & Divorce Quick FAQ Reference
Who is responsible for credit card debt in a Florida divorce?
If the debt was incurred during the marriage, it is usually considered marital debt—even if the account is in only one spouse’s name.
Does student loan debt get divided in Florida divorces?
It depends. If the loan benefited the household (such as leading to higher income), it may be treated as marital debt. If not, it may remain separate.
What happens to the mortgage if one spouse keeps the house?
Typically, the spouse keeping the home also takes responsibility for the mortgage. Sometimes refinancing is required to remove the other spouse’s name.
Can my spouse’s reckless spending make me responsible for their debt?
Courts may assign responsibility differently if one spouse wasted marital funds or incurred debt irresponsibly, but this is determined case by case.
Is divorce debt always split 50/50 in Florida?
No. Florida uses equitable distribution, which means debts are divided fairly, but not necessarily equally.
This article is meant to provide general guidance. For specific advice regarding divorce and debt in the Brandon or Tampa area, we recommend you consult with Attorney O’ Connor.
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Attorney O’Connor has a strong background in family law and is available to serve you in Tampa, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
