Florida courts divide marital debt through equitable distribution under Fla. Stat. § 61.075, meaning debt is split fairly but not necessarily equally between divorcing spouses. The court begins with a presumption of 50/50 division, then adjusts based on factors including each spouse's financial circumstances, contribution to the marriage, and ability to pay. Debt incurred during the marriage is presumed marital regardless of whose name appears on the account, while pre-marriage debt typically remains the separate responsibility of the spouse who incurred it.
Key Facts: Florida Divorce and Debt Division
| Category | Details |
|---|---|
| Filing Fee | $408 statewide + $10 summons fee (as of March 2026) |
| Waiting Period | 20 days minimum under Fla. Stat. § 61.19 |
| Residency Requirement | 6 months continuous residency under Fla. Stat. § 61.021 |
| Grounds | No-fault (irretrievably broken) or mental incapacity |
| Property Division Type | Equitable Distribution |
| Governing Statute | Fla. Stat. § 61.075 |
How Florida Classifies Debt in Divorce
Florida law creates a rebuttable presumption that all debts incurred during the marriage are marital liabilities subject to equitable distribution, regardless of which spouse's name appears on the account. Under Fla. Stat. § 61.075, the court must identify, classify, value, and distribute marital liabilities in a manner that is fair. The classification process determines whether you or your spouse bears sole responsibility or whether the debt will be divided between you.
Marital Debt Definition
Marital debt includes any financial obligation incurred by either spouse from the date of marriage until the filing of the divorce petition. This encompasses credit cards used for household expenses, joint mortgages, auto loans for family vehicles, medical bills, and personal loans taken out during the marriage. Even if only one spouse signed for the debt, Florida courts presume it benefited the marriage and classify it as marital.
The 2026 appellate decision in Dove v. Freer (Fla. 5th DCA 2026) confirmed that credit card debt incurred during the separation period remains marital because no formal separation agreement established an earlier cut-off date. Florida does not recognize legal separation, so debts continue to be classified as marital until one spouse files for divorce.
Non-Marital Debt Definition
Non-marital debt remains the sole responsibility of the spouse who incurred it. This category includes student loans taken out before the wedding date, credit card balances accumulated before marriage, and any debt specifically excluded through a valid prenuptial or postnuptial agreement. Debts resulting from forgery or unauthorized use of one spouse's signature are classified as the non-marital liability of the forging spouse under Florida case law.
Equitable Distribution: How Florida Divides Marital Debt
Florida courts begin debt division divorce Florida proceedings with the premise that marital liabilities should be distributed equally at 50/50, then adjust based on statutory factors when equal distribution would be unjust. The court examines 10 factors under Fla. Stat. § 61.075(1) to determine whether an unequal distribution is warranted. This process applies to credit card debt divorce cases, mortgage obligations, and all other marital liabilities.
Statutory Factors for Debt Distribution
Florida courts consider the following factors when dividing marital debt:
- Each spouse's contribution to the marriage, including homemaking and childcare
- Economic circumstances of each party at the time of distribution
- Duration of the marriage (under SB 1416: short-term is under 10 years, moderate-term is 10-20 years, long-term exceeds 20 years)
- Career sacrifices made by either spouse to support the other's education or career
- Intentional dissipation, waste, or destruction of marital assets after filing
- Desirability of retaining any asset intact, including a business interest
- Each spouse's contribution to acquiring the specific liability
- The earning capacity, income, and separate assets of each spouse
- Desirability of the marital home remaining occupied by minor children
- Any other factors necessary to achieve equity and justice
Who Pays Debt Divorce: The Ability-to-Pay Factor
Courts frequently assign responsibility to the spouse best able to pay the debt. If one spouse earns $150,000 annually while the other earns $45,000, the higher-earning spouse may receive a disproportionate share of marital debt even if both spouses equally benefited from the spending. This aligns with Florida's goal of achieving fairness rather than strict mathematical equality.
Credit Card Debt Division in Florida Divorce
Credit card debt incurred during the marriage is presumed marital under Fla. Stat. § 61.075, regardless of whose name appears on the account. However, courts examine how the credit card debt divorce obligation benefited the family when deciding division. Debt from household expenses, family vacations, or children's needs is typically split equitably, while debt solely benefiting one spouse may be allocated to that spouse alone.
Joint vs. Individual Credit Cards
Joint credit card accounts create liability for both spouses regardless of who actually made the purchases. Individual accounts where only one spouse is the cardholder may still be classified as marital debt if the purchases benefited the household. Florida courts look beyond whose name appears on the statement to examine how funds were used.
If one spouse used a credit card exclusively for personal shopping sprees, gambling, or supporting an affair, courts may classify that portion as non-marital or allocate it entirely to the spending spouse as dissipation of marital assets.
Creditor Rights Warning
A divorce decree assigning credit card debt to one spouse does not bind the credit card company. If your divorce decree orders your ex-spouse to pay a joint credit card balance and they default, the creditor can still pursue you for the full amount. The credit card company was not a party to your divorce and is not bound by the court's allocation.
To protect yourself after divorce:
- Close or freeze all joint credit card accounts immediately
- Refinance or transfer balances to individual accounts where possible
- Monitor your credit report for missed payments on accounts in both names
- Include indemnification language requiring your ex-spouse to reimburse you if they default
Mortgage Debt Division in Florida
Mortgage debt on the marital home represents the largest liability for most divorcing couples in Florida. Under Fla. Stat. § 61.075, courts must determine how to allocate both the home's equity and the remaining mortgage obligation. The average Florida home price exceeds $400,000 in 2026, making mortgage division a significant financial decision.
Three Options for the Marital Home
| Option | How It Works | Best For |
|---|---|---|
| Sell and Split | Home sold, mortgage paid off, net proceeds divided | Clean financial break |
| Buyout | One spouse keeps home, pays other 50% of equity | Families with children |
| Refinance | Keeping spouse refinances to remove departing spouse | One spouse can qualify alone |
The Buyout Process
When one spouse wishes to keep the marital home, they typically must buy out the other spouse's share of equity. The calculation follows this formula:
- Current home value: $450,000
- Remaining mortgage balance: $280,000
- Marital equity: $170,000
- Buyout amount: $85,000 (50% of equity)
The keeping spouse must qualify for a new mortgage solely in their name, which removes the departing spouse from the mortgage debt. Without refinancing, the departing spouse remains liable to the lender even though the divorce decree assigned the debt to the other spouse.
Underwater Mortgages
If the mortgage balance exceeds the home's value, both spouses may remain responsible for the deficiency. Florida permits deficiency judgments after foreclosure, meaning both spouses could face liability years after the divorce if the keeping spouse defaults and the home sells for less than the mortgage balance.
Student Loan Debt in Florida Divorce
Student loan debt division depends on when the loans were taken out and how the borrowed funds were used during the marriage. Under Florida case law, student loans incurred during the marriage may be treated as marital debt even if only one spouse attended school and received the educational benefit.
Pre-Marriage Student Loans
Student loans taken out before the marriage date are classified as non-marital debt under Fla. Stat. § 61.075. The spouse who incurred the pre-marriage loans remains solely responsible after divorce. This applies even if marital income was used to make payments during the marriage.
Student Loans During Marriage
Florida courts recognize that student loan funds are rarely used exclusively for tuition and books. The appellate court in Adams v. Cook, 969 So. 2d 1185 (Fla. 5th DCA 2007), recognized student loan debt as marital where the borrowed funds supported living expenses for the family during the marriage. If student loan money paid rent, groceries, or other household expenses while one spouse attended school, courts classify the debt as marital.
Medical and Professional School Debt
Professional degree debt presents unique challenges. If one spouse supported the family while the other attended medical school and incurred $250,000 in student loans, the court may consider:
- The supporting spouse's contribution to the other's educational opportunity under Fla. Stat. § 61.075(1)(e)
- Whether the non-student spouse sacrificed their own career advancement
- The enhanced earning capacity the degree provides to the student spouse
Courts may allocate more of the student debt to the spouse who received the degree, particularly when that spouse now earns significantly more as a result of the education.
Tax Debt and IRS Liability in Divorce
Tax debt in Florida divorce requires special consideration because the IRS is not bound by state court divorce decrees. When married couples file joint tax returns, both spouses become jointly and severally liable for the entire tax debt, meaning the IRS can collect the full amount from either spouse regardless of what the divorce decree states.
Divorce Decrees Cannot Protect You From the IRS
Even if your divorce decree orders your ex-spouse to pay all joint tax debt, the IRS can still pursue you for 100% of the balance. A state court order has no binding effect on the IRS when collection is pursued under federal law. Your only recourse would be to sue your ex-spouse for breach of the divorce decree, which may be worthless if they lack assets.
IRS Relief Options
| Relief Type | Requirements | Coverage |
|---|---|---|
| Innocent Spouse Relief | Didn't know of errors, unfair to hold liable | Additional taxes from spouse's errors |
| Separation of Liability | Divorced, legally separated, or lived apart 12+ months | Allocates liability based on income |
| Equitable Relief | Other relief doesn't apply, unfair circumstances | Unpaid taxes and understated liability |
To request any form of IRS relief, file Form 8857 (Request for Innocent Spouse Relief). The deadline for separation of liability relief is 2 years from when the IRS first attempts collection against you.
Protecting Yourself From Tax Debt
Once divorce proceedings begin:
- Consider filing taxes separately (Married Filing Separately) to avoid creating new joint liability
- Include indemnification clauses in your marital settlement agreement
- File Form 8857 immediately after divorce if you qualify for innocent spouse relief
- Document any evidence that your spouse concealed income or made erroneous deductions
Business Debt Division
Business debt incurred during the marriage for a business started during the marriage is presumed marital under Fla. Stat. § 61.075. However, the debt division often follows the business itself. If one spouse receives the business in the divorce, they typically also receive the associated business debts. Courts consider the business's value, debt-to-equity ratio, and each spouse's involvement in operations.
Personal Guarantees
If either spouse personally guaranteed business loans, that spouse remains liable to the lender regardless of how the divorce decree allocates the debt. Creditors can pursue the guarantor personally even if the business fails or the other spouse was assigned responsibility in the divorce.
Medical Debt in Florida Divorce
Medical debt incurred during the marriage for either spouse's treatment is presumed marital under Florida law. This includes hospital bills, surgery costs, prescription medications, and ongoing treatment expenses. Courts typically divide medical debt equitably unless the treatment related to conditions existing before the marriage or resulted from one spouse's voluntary high-risk behavior.
Children's Medical Expenses
Medical debt for the couple's children is always classified as marital. Both parents share responsibility regardless of which parent incurred the debt or has primary custody. Ongoing medical expenses are typically addressed in the parenting plan rather than the equitable distribution of existing debt.
Automobile Debt Division
Vehicle loans for cars purchased during the marriage are marital debt subject to equitable distribution. The spouse who retains the vehicle typically assumes responsibility for the remaining loan balance. However, if the loan is in both names, the departing spouse remains liable to the lender until the loan is refinanced or paid off.
Underwater Auto Loans
If the vehicle is worth less than the loan balance (negative equity), courts must decide how to allocate the deficiency. Options include:
- Spouse keeping the car assumes full loan including negative equity
- Negative equity split between spouses with offsetting asset distribution
- Vehicle sold with both spouses sharing any deficiency
Protecting Yourself From Your Spouse's Debt After Divorce
Florida divorce decrees bind only the divorcing spouses, not creditors. To protect yourself from being pursued for debts assigned to your ex-spouse:
- Close all joint accounts before or immediately after filing
- Freeze joint credit cards to prevent new charges
- Refinance mortgages and auto loans into one spouse's name only
- Include strong indemnification language in your marital settlement agreement
- Monitor your credit report monthly for at least 2 years after divorce
- Document all joint debts with account numbers, balances, and creditor contact information
Indemnification Clause Example
Your marital settlement agreement should include language stating that if one spouse fails to pay debts assigned to them and the other spouse is pursued by creditors, the defaulting spouse must reimburse the other for all payments made plus attorneys' fees and costs incurred in collection.
Filing for Divorce in Florida: Process Overview
To file for divorce in Florida, you must meet the 6-month residency requirement under Fla. Stat. § 61.021. Only one spouse needs to be a Florida resident. The filing fee is $408 statewide plus a $10 summons fee (as of March 2026). Fee waivers are available under Fla. Stat. § 57.081 for households earning below 200% of the federal poverty level ($29,160 for a single person in 2026).
Timeline for Debt Division
Florida requires a minimum 20-day waiting period under Fla. Stat. § 61.19 before a divorce can be finalized. Uncontested divorces with complete agreement on debt division typically conclude in 30 to 90 days. Contested divorces involving disputes over marital debt classification or division may take 6 to 18 months.
H2: Frequently Asked Questions
Am I responsible for my spouse's credit card debt in Florida?
Credit card debt incurred during the marriage is presumed marital under Fla. Stat. § 61.075, meaning you may be responsible for a portion regardless of whose name appears on the account. Courts divide marital debt equitably based on factors including each spouse's financial circumstances and ability to pay. Pre-marriage credit card debt remains the separate responsibility of the spouse who incurred it.
What happens to the mortgage when we divorce in Florida?
The spouse keeping the marital home typically assumes the mortgage obligation. However, if both names remain on the loan, the departing spouse remains liable to the lender even if the divorce decree assigns the debt to the other spouse. Refinancing removes the departing spouse from liability. If neither spouse can afford the home, selling and splitting proceeds (or deficiency) may be necessary.
Can my spouse's student loans become my responsibility?
Student loans incurred during the marriage may be classified as marital debt under Florida law, particularly if the borrowed funds supported household expenses. In Adams v. Cook (Fla. 5th DCA 2007), the court classified student loans as marital where funds paid living expenses. Pre-marriage student loans remain the separate responsibility of the spouse who took them out.
Does Florida divide debt 50/50 in divorce?
Florida courts begin with a presumption of equal (50/50) division but may distribute debt unequally based on 10 statutory factors under Fla. Stat. § 61.075(1). Courts consider each spouse's income, earning capacity, contribution to the marriage, and ability to pay. The higher-earning spouse may receive more debt if equal division would be unjust.
What happens to joint tax debt in divorce?
The IRS can pursue either spouse for 100% of joint tax debt regardless of what your divorce decree states. Federal tax law supersedes state divorce orders. Options include innocent spouse relief, separation of liability relief, or equitable relief through IRS Form 8857. Include indemnification clauses in your settlement agreement as backup protection.
How do I protect myself from my spouse's debt after divorce?
Close all joint accounts, refinance loans into one name only, and include strong indemnification language in your marital settlement agreement. Monitor your credit report monthly after divorce. Even with these protections, creditors can still pursue you for joint debts if your ex-spouse defaults. Your only recourse would be suing your ex for breach of the divorce decree.
What is considered marital debt in Florida?
Marital debt includes any financial obligation incurred by either spouse from the wedding date until the divorce petition is filed. This includes mortgages, credit cards, auto loans, medical bills, and personal loans used during the marriage. It does not matter whose name appears on the account if the debt benefited the marriage or household.
Can dissipation of assets affect debt division?
Yes. Under Fla. Stat. § 61.075(1)(h), courts consider intentional dissipation, waste, or destruction of marital assets. If one spouse ran up credit card debt on gambling, affairs, or frivolous spending, courts may allocate that debt entirely to the dissipating spouse. Document evidence of wasteful spending for trial.
What if we can't agree on how to divide debt?
If you cannot reach agreement through negotiation or mediation, the court will hold a trial and make findings under Fla. Stat. § 61.075. The court must provide specific written findings justifying the distribution of marital debts. Without such findings, the judgment may be reversed on appeal per Guobaitis v. Sherrer, 18 So. 3d 28 (Fla. 2d DCA 2009).
How much does it cost to file for divorce in Florida?
The filing fee for divorce in Florida is $408 statewide plus a $10 summons issuance fee, totaling $418 (as of March 2026). Fee waivers are available for households below 200% of the federal poverty level. Total divorce costs range from $500 for simple uncontested cases to $25,000+ for contested divorces requiring litigation.
Author: Antonio G. Jimenez, Esq. Credentials: Florida Bar No. 21022 | Covering Florida divorce law
This guide provides general legal information about debt division divorce Florida proceedings and is not a substitute for legal advice from a licensed attorney. Laws and court interpretations change. Consult with a Florida family law attorney to discuss your specific circumstances.