Will You Be Responsible for Your Spouse’s Credit Card Debt Following a Divorce?
As you may know, the marital assets and debts are divided between the partners in a divorce. In Florida, the division of assets and debts is subject to equitable distribution, which does not necessarily mean that you are entitled to 50% of the marital assets.
Instead, Florida courts will consider a multitude of factors when splitting marital assets and debts between the parties. For this reason, it is important to be represented by an experienced divorce attorney to ensure that your marital assets and debts are distributed fairly.
How is Credit Card Debt Divided in a Florida Divorce?
Under the Florida Statutes Section 61.075, one of the many debts that must be divided between the partners is credit card debt. Dividing credit card debts is a complicated matter as the court has to evaluate the following factors to determine who will be responsible for this type of debt:
- Each partner’s contribution to the acquisition and production of income;
- The contribution of each spouse to the incurring of liabilities and debts;
- The intentional dissipation or waste of marital assets within two years before filing the Petition for Divorce and after the filing; and
- Any other factors that must be considered to ensure the equitable distribution of assets and debts.
When it comes to dividing credit card debt during a divorce case in Florida, the court will review each party’s evidence regarding who accumulated the debt and the reasons for incurring the debt. After reviewing evidence as to which spouse accumulated credit card debt, the court can divide this type of debt in an equitable and fair manner.
Thus, if the decision to acquire credit card debt and use the card was solely your spouse’s, your spouse will most likely be responsible for the credit card debt following your divorce. However, you would be required to prove that your spouse used the credit card for their own purposes rather than for the benefit of both spouses.
How to Prove That Your Spouse is Solely Responsible for Credit Card Debt?
Also, Florida courts review evidence regarding the dissipation of credit card debt or personal use of the spouse who opened the credit card and accumulated debt. If your spouse used credit card debt to dissipate or waste assets, the judge would take this information into account, especially if your partner dissipated the funds intentionally or recklessly.
In Florida, you can present evidence of dissipation for the past up to two years before filing for divorce. When it comes to collecting evidence and documents related to your partner’s credit card debt and spending, it is vital to gather records showing:
- the dates and times of credit card payments;
- the names attached to each card; and
- how the credit card debt benefited only one or both spouses during the marriage.
You may need help from a skilled divorce attorney in Orlando to gather necessary documentation and evidence to make sure that you will not be responsible for your spouse’s credit card debt. An experienced Orlando property division attorney on your side will ensure that your marital assets and debts are distributed fairly based on all the evidence and facts provided during negotiations and trials.
Speak with our results-driven lawyers at Greater Orlando Family Law to schedule a case review. Call at 407-377-6399.