Protecting Yourself From Your Spouse’s Debt During A Fort Lauderdale Divorce

When you are filing for a divorce in Fort Lauderdale, one of the top priorities for most people is getting their fair share of marital property and assets. Equitable division is the rule of thumb in Florida, but keep in mind that it also applies to marital debts.

During the divorce process, you may discover debt you didn’t create, didn’t agree to, or didn’t even know existed. Florida law does not automatically shield you from your spouse’s debt. Our experienced Fort Lauderdale divorce lawyer explains how you could be held responsible for their credit card balances, personal loans, tax liabilities, business debts, or other obligations. Find out how to protect yourself.

How Florida Courts Treat Debt in a Fort Lauderdale Divorce

Marital property division is a major issue when getting a Fort Lauderdale divorce. Under Section 61.075 of the Florida Statutes, anything accumulated during the marriage is divided on an equitable basis, based on the circumstances involved. What many people often overlook is that this applies to marital debts as well.

Marital debts are divided using the same equitable distribution principles. That means the court looks at fairness, not just whose name appears on the account. In deciding the allocation of debt, judges often consider:

• When the debt was incurred (before or during the marriage).
• What your spouse used the debt for, such as household expenses versus personal spending.
• Whether both spouses benefited from the debt.
• Each spouse’s ability to pay after divorce.
• Any evidence of wasteful or irresponsible spending.

This is where many people get caught off guard. A debt in your spouse’s name alone is considered marital property if it helped support the marriage.

How To Protect Yourself Against Liability for Marital Debts in Broward County Divorce Proceedings

Getting a divorce through the Broward County Family Court? Keep in mind how marital debts could impact your rights in a settlement. To avoid being held liable for debts that belong to your spouse, take these steps:

• Request a full financial disclosure of all marital and separate debts.
• Pull your credit report to identify unknown accounts or recent activity.
• Document spending patterns to show whether debt benefited the marriage or was personal.
• Avoid taking on any new joint debt after a separation or once you file for divorce.
• Get professional legal help to trace and challenge questionable debt.

If your spouse hid debts or intentionally ran up balances before filing, the judge in your case may find them solely responsible or offset them with other assets during equitable distribution.

Worried About a Spouse’s Debts? Contact Our Experienced Fort Lauderdale Divorce Lawyer Today

You shouldn’t be held responsible for your spouse’s debt. Unfortunately, their outstanding balances could jeopardize your financial security long after a final divorce order.

At Vanessa L. Prieto Law Offices, we help clients throughout Broward County identify hidden debts, challenge liability, and build settlements that truly protect their future. If you’re worried about your spouse’s debt, call or contact our office online. Request a consultation with an experienced Fort Lauderdale divorce lawyer today.

Sources:

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

browardclerk.org/Divisions/Family