Five Types of Debt to Address in a Fort Lauderdale Divorce

Most people walk into a Fort Lauderdale divorce focused on assets like the house, vehicles, home furnishings, and savings/retirement accounts. While getting your fair share of these assets plays an important role in post-divorce financial recovery, you also need to address marital debts.

Debts you or your spouse incurred can follow you long after your divorce is finalized. Our experienced Fort Lauderdale divorce lawyer explains five types of debt to address and the factors that affect what you’re responsible for.

Dealing With Debts in a Fort Lauderdale Divorce

According to a 2026 report from the New York Federal Reserve, the average amount of household debt in Florida is over $60,000. In a divorce, spouses divide any debt incurred during the marriage equitably under Section 61.075 of the Florida Statutes, regardless of whose name is on the account.

The five types of debt that most commonly need to be addressed include:

• Mortgage debt;
• Credit card debt;
• Auto loans;
• Student loans;
• Tax debts.

While most couples focus on dividing marital assets, overlooking debts can create serious problems further down the road. Keep in mind that regardless of who incurred the debt or who is responsible for it after a Fort Lauderdale divorce, creditors can still come after you for payment.

Factors That Impact How Debt Is Divided in a Fort Lauderdale Divorce

Facing the end of your marriage or filing for a divorce in Fort Lauderdale? Finances are always a concern. When dividing marital debts, judges in the Broward County Family Court generally don’t just do an even split.

Florida judges consider a variety of factors to determine who is responsible. These include:

• Which spouse benefited most from the debt, since courts consider whether the spending served the marriage or one individual’s interests.
• Each spouse’s income and ability to repay, since courts have discretion to assign debt in a way that reflects each party’s financial circumstances.
• Whether one spouse ran up debt intentionally to drain marital funds before filing, which Florida courts can treat as dissipation of marital assets.
• How the final settlement is structured, since debt assignment is often part of a larger negotiation involving assets, support, and property.

As creditors can still come after you even if your spouse is assigned responsibility for paying certain debts, the best course of action is often to pay off any outstanding amounts before your divorce is finalized. This may involve tapping into savings, selling your home, or liquidating other marital assets.

Concerned About Marital Debts? Consult Our Experienced Fort Lauderdale Divorce Lawyer Today

Debt is often one of the most overlooked issues in a Broward County divorce, and it’s also one of the most consequential. At Vanessa L. Prieto Law Offices, we help ensure all debts are properly addressed in your final divorce order and prevent you from having to pay more than required.

Get the practical legal guidance to protect your financial future. Contact us today to request a consultation with our experienced Fort Lauderdale divorce lawyer.

Sources:

newyorkfed.org/medialibrary/interactives/householdcredit/data/pdf/HHDC_2026Q2

flsenate.gov/Laws/Statutes/2024/61.075