Legal Question in Family Law in Florida

Shared Debt?

I am married, all of the debt that my husband and I have are in my name. Nothing is in his name because of irresponsibilities with his credit when he was younger. We pay the debt out of my income and live off of his. If we get divorced will I be stuck with the debt or can he be held responsible as well? Please help, I am concerned that if he ever leaves I will be stuck with the debt and I cannot pay it on my own. Thank you.


Asked on 6/10/05, 8:51 am

1 Answer from Attorneys
Jason Dvoracek Jason Dvorack

Re: Shared Debt?

In a divorce the Court will equitably divide the debit that is considered marital. (anything that was used for the benefit of the marriage) However, just because the Court orders your spouse responsible, you are the one who is responsible under the terms of your agreement with the creditors, so if he does not pay it would go against your credit and they would still have an action against you. The only recourse would be to seek reimbursement by him through the Order.

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Answered on 6/10/05, 9:58 am


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