Who Pays the Debt in Florida Divorce? Dividing Credit Cards, Loans, and Mortgages in 2026

The Short Answer: Marital Debts Get Divided Equitably in Florida

In Florida divorce, both spouses are generally responsible for debts incurred during the marriage, regardless of whose name is on the account. Under Florida Statute 61.075, courts divide marital debts using equitable distribution, meaning debts are split fairly but not necessarily 50/50. The court considers factors like each spouse's financial situation, who benefited from the debt, and who is better positioned to pay it off.

In my experience handling debt division florida divorce cases across Florida counties, this is often the most contentious and misunderstood part of the divorce process. Many clients walk into my office convinced they are not responsible for their spouse's credit card debt because their name is not on the card. Unfortunately, Florida law does not work that way.

Let me walk you through exactly how Florida courts handle debt division in 2026, including some strategies that might help protect you.

Understanding Marital vs. Non-Marital Debt in Florida

Before any debt gets divided, the court must classify it as either marital or non-marital. This classification determines whether your spouse has any responsibility for the debt at all.

What Qualifies as Marital Debt?

Marital debt includes any obligation incurred by either spouse during the marriage, from the date of marriage until the filing of the divorce petition. This includes:

• Credit card debt accumulated during the marriage, even on individual accounts
• The mortgage on your marital home
• Auto loans for vehicles purchased during marriage
• Student loans taken out during the marriage
• Medical bills incurred during the marriage
• Business debts from a marital business
• Personal loans used for family purposes

The key principle under Florida law is that debts incurred during the marriage are presumed to be marital debts. The spouse claiming otherwise has the burden of proving the debt should be treated as non-marital.

What Qualifies as Non-Marital Debt?

Non-marital debt remains the sole responsibility of the spouse who incurred it. This typically includes:

• Debts existing before the marriage
• Student loans taken out before marriage
• Debts incurred after the date of filing for divorce
• Debts specifically tied to non-marital assets
• Obligations from a previous marriage like child support or alimony to a former spouse

However, even debts that seem clearly non-marital can become complicated. For example, if your spouse entered the marriage with $50,000 in student loans but you both agreed to pay them down together during the marriage, the analysis becomes more nuanced.

How Florida Courts Divide Credit Card Debt in Divorce

Credit card debt divorce florida cases often generate the most disputes. Here is how courts typically approach these situations.

Joint Credit Cards

When both spouses are named on a credit card account, both are legally responsible to the creditor regardless of how the divorce decree allocates the debt. The court will assign responsibility for paying the balance, but the credit card company does not care about your divorce judgment. If your ex-spouse fails to pay a joint credit card assigned to them, the creditor can still pursue you.

This is why many experienced divorce attorneys in Florida recommend paying off and closing joint accounts before the divorce is finalized whenever possible.

Individual Credit Cards with Marital Debt

Even if a credit card is in only one spouse's name, the debt can still be considered marital if it was used for family expenses. In my practice, I have seen courts divide individual credit card debt when:

• The card was used for household expenses like groceries and utilities
• The debt financed family vacations
• The card paid for children's expenses
• The spending benefited the marriage generally

However, if one spouse ran up credit card debt on personal luxuries, gambling, or an extramarital affair, courts often assign that debt solely to the spouse who incurred it. This is where the concept of dissipation of marital assets comes into play.

Dissipation and Wasteful Spending

Florida courts have the authority to consider intentional dissipation of marital assets when dividing property and debts. Under case law interpreting Florida Statute 61.075, if one spouse wasted marital funds or incurred unnecessary debt, the court can offset this in the final distribution.

For instance, if your spouse spent $20,000 on credit cards pursuing an affair or hiding money, the court might assign that entire debt to them or give you a larger share of marital assets to compensate. If you suspect your spouse has been hiding assets or wasting marital funds, documenting this is crucial. Learn more about the consequences in our article on hiding assets in Florida divorce.

Marital Debt Florida: Who Pays the Mortgage?

The mortgage on your marital home presents unique challenges in debt division florida divorce cases. The question of who pays mortgage divorce becomes central to many dissolution proceedings.

Option 1: One Spouse Keeps the House

If one spouse wants to keep the marital home, they typically must:

• Refinance the mortgage in their name only, removing the other spouse from liability
• Buy out the other spouse's equity share
• Qualify for the mortgage on their own income

The refinancing requirement is critical. Until your name is removed from the mortgage through refinancing or sale, you remain legally liable to the lender even if the divorce decree assigns payment responsibility to your spouse.

In my experience, this is where many divorcing couples run into trouble. One spouse gets the house in the divorce, agrees to refinance within a year, but then either cannot qualify or simply does not follow through. Meanwhile, the other spouse's credit is at risk.

For more details on this process, see our comprehensive guide on what happens to the house in Florida divorce.

Option 2: Sell the Home

Selling the marital home and splitting the proceeds after paying off the mortgage is often the cleanest solution. This approach:

• Eliminates ongoing joint liability
• Provides both spouses with liquid assets
• Creates a clean financial break
• Avoids future disputes about maintenance and refinancing

Option 3: Deferred Sale

Sometimes courts order a deferred sale, allowing one spouse typically the parent with primary custody of the children to remain in the home until a triggering event like the youngest child graduating high school. This arrangement requires careful planning around:

• Who pays the mortgage during this period
• How property taxes and insurance are handled
• What happens to appreciation or depreciation
• Maintenance and repair responsibilities

Dividing Auto Loans and Vehicle Debt

Vehicle loans follow similar principles to other marital debt florida divisions. Generally:

• The spouse who keeps the vehicle takes responsibility for the loan
• If both names are on the loan, refinancing should occur to remove the other spouse
• Negative equity situations meaning you owe more than the car is worth require creative solutions

I have seen cases where one spouse is stuck making payments on a vehicle their ex drives because refinancing was not addressed in the divorce. Avoid this trap by making refinancing or payoff a condition of the final judgment.

Student Loan Debt in Florida Divorce

Student loan debt presents interesting questions for debt division florida divorce cases. The analysis depends heavily on timing.

Student Loans Before Marriage

Loans taken out before the marriage are generally considered non-marital debt. However, if marital funds were used to pay down these loans during the marriage, the paying spouse might have an argument for reimbursement or offset.

Student Loans During Marriage

Loans incurred during the marriage are typically marital debt, even if only one spouse benefited from the education. However, courts consider several factors:

• Did both spouses benefit from the education through increased income?
• Did the student spouse work during the marriage?
• Did the non-student spouse support the family while the other attended school?
• How long was the marriage after the degree was obtained?

In longer marriages where one spouse supported the other through professional school and the divorce happens soon after, courts may consider this when dividing both assets and debts.

Tax Debt and IRS Obligations

Tax debts add another layer of complexity. If you filed joint returns during the marriage, both spouses are generally jointly and severally liable for any resulting tax debt. This means the IRS can pursue either spouse for the full amount, regardless of who earned the income or who the divorce decree says should pay.

Innocent spouse relief may be available in some circumstances, but the requirements are strict. Consult with both a family law attorney and a tax professional if significant tax debt exists.

Practical Strategies for Protecting Yourself

Based on my experience handling debt division florida divorce cases, here are actionable steps to protect your interests:

Before Filing

• Gather documentation of all debts including statements, account numbers, and balances
• Identify which debts are in joint names versus individual names
• Create a timeline of when major debts were incurred
• Document any dissipation or wasteful spending
• Consider paying off and closing joint credit accounts if possible

During the Divorce Process

• Request a credit report to identify all debts
• Freeze joint credit accounts to prevent additional charges
• Monitor joint accounts for unusual activity
• Keep detailed records of who pays what during the separation
• Negotiate for indemnification clauses that protect you if your spouse fails to pay assigned debts

After the Divorce

• Follow up on any required refinancing
• Monitor your credit report for missed payments on accounts your spouse was assigned
• Keep copies of the divorce decree in case creditors come calling
• Understand that the divorce decree does not change your contractual obligations to creditors

What Wives and Husbands Are Entitled To

Florida law does not distinguish between spouses based on gender. The equitable distribution statute applies the same factors regardless of whether you are the husband or wife. Both spouses have equal rights to marital property and equal responsibility for marital debts.

For a deeper understanding of property rights in Florida divorce, read our article on what a wife is entitled to in Florida divorce. The same principles apply regardless of gender.

Retirement Accounts and Associated Debt

Sometimes couples incur debt to avoid touching retirement accounts. When dividing retirement accounts, courts also consider any marital debt used to preserve those assets. Additionally, loans against 401k accounts or similar retirement vehicles must be addressed in the divorce.

Learn more about how retirement accounts are handled in our guide on whether a spouse can take your retirement in Florida divorce.

When You Need Legal Help with Debt Division

Debt division florida divorce cases range from simple to extraordinarily complex. You might need professional legal assistance if:

• Significant marital debt exists
• Your spouse is claiming debts are non-marital when you believe otherwise
• There are allegations of dissipation or hidden assets
• The marital home has significant equity or is underwater
• Business debts or complex financial instruments are involved
• Tax debts from joint returns are an issue
• Your spouse is not cooperating with refinancing requirements

Divorce.law offers unbundled legal services, meaning you can get help with specific aspects of your case without paying for full representation. This might include reviewing your debt situation, helping you understand your rights, or preparing specific documents. Schedule a strategy session to discuss your options.

Protecting Your Assets While Addressing Debt

Debt division and asset protection go hand in hand. Understanding how to protect your legitimate interests while ensuring fair debt allocation is essential. Our article on how to protect assets in Florida divorce provides additional strategies that complement proper debt division planning.

The Bottom Line on Debt Division in Florida Divorce

Florida's equitable distribution system aims to fairly divide both assets and debts accumulated during marriage. While the law presumes marital debts should be shared, courts have significant discretion to allocate debts based on fairness factors including each party's financial situation, who incurred the debt, and who benefited from it.

The most important thing to understand is that your divorce decree binds you and your spouse but does not bind your creditors. Joint debts remain joint obligations to the creditor regardless of what your divorce papers say. Proper planning, including refinancing requirements and indemnification clauses, helps protect you from your ex-spouse's future financial decisions.

If you are facing a divorce with significant debt, understanding these principles is just the starting point. Every situation involves unique factors that can dramatically affect the outcome. Consider scheduling a consultation to discuss how these principles apply to your specific circumstances.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.