Am I Responsible For My Spouse’s Debts In Divorce?
August 20, 2024 | Finances
By: Chad Layton, Esq.
Joint Responsibility for Debts Incurred During Your Marriage
Florida law provides that you and your spouse are equally responsible for those debts that are determined to be, “Marital Liabilities”. See Florida Statute §61.075.
A Marital Liability or Debt that you and your spouse share responsibility for is:
- A debt that was incurred during the marriage: (1) individually by you or your spouse, OR (2) jointly by you and your spouse.
This means that common debts such as a vehicle loan, credit card obligation or other debt that was incurred during your marriage, in the sole name of you or your spouse, will very likely be a marital liability to be shared by you and your spouse.
Agreement to Separate Your Debts/Obligations
A valid debt incurred during your marriage, such as an auto loan, should be identified and split (or otherwise accounted for) between you and your spouse in a legally binding Marital Settlement Agreement as part of your divorce process. This can and should occur outside of court in my opinion. Lean more about your out of court divorce options here.
Debts That May Not Be Shared By You and Your Spouse
There are limited circumstances where a debt was incurred during your marriage by you or your spouse, and it may not be fair for you and your spouse to share responsibility for that debt. For example, a debt that your spouse incurred in a fraudulent manner may not be your responsibility. This could occur if your spouse obtained a HELOC or second mortgage on your home, and he or she forged your signature to obtain this loan. You will very likely not be responsible for this debt.
Additionally, there may be a debt that was obtained in good faith, however, it should not be your responsibility. This could be a debt that was obtained to support or improve a small business that is owned by your spouse. Assuming your spouse receives the business interest, he or she very likely would also take responsibility for the associated debt.
I hope that this information helps you or someone that you know to resolve their divorce outside of court, with peace and respect.
If you, or a friend of yours, has questions about collaborative divorce in Palm Beach County, we are here to help.
Helpful Resources:
Mindful Divorce Services – Fixed Fees