What happens to joint debts when we divorce in Florida?

Debts are treated for equitable distribution purposes as either marital or non-marital. If the joint debts were acquired during the marriage, the court can determine which party is going to be liable for those, either individually or jointly. However, that does not change the obligation of the parties with regard to the bank or the lending institution. We'll look to both of the parties. With regard to any joint debts from before the marriage, that will, in all likelihood, be assigned to the individual who brought that debt into the marriage. However, if it became joint, then it can be considered a joint obligation with regard to the equitable distribution of that debt between the parties.

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Carolyn S. Zisser

Highly regarded in marital and family law, Carolyn S. Zisser is a well-respected lecturer and author on family law subjects for the American Bar Association, Florida Bar, Jacksonville Bar Association and private legal seminar companies.