Florida Debt Division Calculator

Florida uses equitable distribution under Statute § 61.075, which starts with the presumption of equal (50/50) debt division but allows adjustments based on relevant factors. Courts consider each spouse's income and earning capacity, who benefited from the debt, contributions to the marriage, and economic circumstances. All debts acquired during marriage are presumed marital regardless of whose name is on the account, and the court divides them fairly—though not necessarily equally—between both spouses.

During marriage, you may share responsibility for debts your spouse incurs, especially those benefiting the family or appearing on joint accounts. Under Florida's equitable distribution rules, debts acquired during marriage are presumed marital and subject to division. However, debts your spouse incurred before marriage or after separation typically remain their separate responsibility. The key factor is when the debt was acquired and whether it served marital purposes.

Credit card debt accumulated during marriage is generally considered marital debt in Florida, even if only one spouse's name is on the account. Joint credit cards make both spouses equally responsible for the full balance. Courts examine when charges were made, what was purchased, and which spouse primarily benefited when determining division. Factors like income disparity and fault in the marriage breakdown may justify an unequal split of credit card balances.

Student loans acquired during marriage are marital debt in Florida and subject to equitable distribution, even if only one spouse signed for the loan or received the education. Florida case law establishes that lack of benefit to the non-borrowing spouse is not a valid reason for unequal distribution. Courts typically divide student loan debt equally unless other factors—such as significant income disparity—justify assigning more responsibility to one spouse.

Florida couples have several options for the marital home mortgage: sell the property and divide net proceeds, have one spouse refinance into their name alone while buying out the other's equity, or trade equivalent marital assets in lieu of cash buyout. Cash-out refinancing is typically capped at 80% loan-to-value. A quitclaim deed transfers title but does not remove a spouse from mortgage liability—only refinancing accomplishes that. FHA and VA loans may be assumable, potentially preserving favorable interest rates.

Yes—this is a critical point many divorcing couples miss. A divorce decree assigns debt responsibility between spouses, but creditors are not bound by your divorce agreement. If your name remains on a joint account or loan and your ex-spouse fails to pay, the creditor can pursue you for the full balance regardless of what the divorce decree states. Protect yourself by closing joint accounts, refinancing to remove your name, and including indemnification language requiring your ex to reimburse you for any payments you make on their assigned debts.

Medical debt incurred during marriage for necessary healthcare is generally considered marital debt in Florida, subject to equitable distribution between both spouses. This includes bills for emergency care, children's medical expenses, and routine family healthcare. However, elective medical procedures may be assigned primarily to the spouse who benefited from the treatment. Under Florida's doctrine of necessities, both spouses may be liable to healthcare providers for necessary medical expenses incurred during the marriage.

Filing Chapter 7 bankruptcy before divorce can eliminate joint debts and increase available exemptions when filing jointly, providing a cleaner financial slate for property division. However, bankruptcy delays divorce proceedings while the court determines available assets. Filing after divorce may be preferable if proceedings are contentious, if your individual income qualifies you for Chapter 7 when joint income would not, or if you need to finalize divorce quickly. Child support and alimony obligations survive bankruptcy regardless of timing.