Legal Question in Family Law in Florida

financial responsisbilities

My wife separated from me but we have not divorced. Subsequently she has accrued a large amount of credit card debt. If I seek divorce am I responsible for her debt.


Asked on 1/27/08, 12:13 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: financial responsisbilities

Maybe, but probably not. In a divorce, marital debts are usually divided down the middle, regardless of who charged them. But what is a "marital" debt? The statute says that debts are "marital" up until the time of the filing of the divorce, at the time of the divorce trial, or at any other time the judge wants.

Most judges use the "any time the judge wants" rule. And most judges say that time should be the point of separation. In other words, any debt she runs up after you've separated will probably be considered non-marital, meaning it's all her problem.

But, to be safe, you ought to file the divorce quickly, just in case you get one of those judges who think that debt is marital up until the day your divorce gets filed. If you get one of those judges, you may be stuck with half this new debts she's run up.

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Answered on 1/27/08, 11:20 pm


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