Dividing Debt in Divorce Florida: 2026 Guide ($750)

Dividing debt in divorce Florida follows equitable distribution under Florida Statute 61.075 — marital debts incurred during the marriage are split fairly between spouses, while separate debts stay with the spouse who incurred them. In an uncontested divorce, both spouses agree on debt allocation in a Marital Settlement Agreement. Our firm prepares uncontested cases for a $750 flat attorney fee (court costs ~$408-$410 and notary separate).

How Is Debt Divided in a Florida Divorce?

Florida divides debt the same way it divides assets: through equitable distribution under F.S. 61.075. The word "equitable" means fair — not automatically equal. The court starts with a presumption that marital debts and assets should be split 50/50, then adjusts based on statutory factors if an even split would be unfair.

The critical distinction is between marital debt and separate (non-marital) debt:

• Marital debt: any debt incurred during the marriage, regardless of whose name is on the account. This includes credit cards, car loans, the mortgage, medical bills, and personal loans taken on while married.
• Separate debt: debt one spouse brought into the marriage, or debt tied to a non-marital asset (for example, a loan against property you owned before the wedding). Under F.S. 61.075, separate debt generally stays with the spouse who incurred it.

In a contested case, a judge classifies each debt, values it, and assigns it. In an uncontested divorce, the spouses do that work themselves and memorialize the agreement in a Marital Settlement Agreement (MSA). Because you and your spouse decide who pays what — not a judge — an uncontested divorce gives you control over how debt is divided, provided both of you genuinely agree.

Who Is Responsible for Debt in Divorce in Florida?

Who is responsible for debt in divorce Florida depends on two separate questions that people often confuse:

This is the single most important thing to understand about dividing debt divorce Florida cases. If a credit card is in both spouses' names and the MSA says your ex must pay it, the creditor can still pursue you if your ex stops paying. The divorce decree gives you the right to go back to court to enforce the agreement against your ex — but it does not erase your contractual liability to the bank.

That is why a carefully drafted MSA matters. A well-prepared agreement does more than say "Husband shall pay the Visa"; it can include indemnification (your ex agrees to reimburse you if you are forced to pay) and a plan to remove your name from joint accounts — refinancing, balance transfers, or account closures. This is exactly the kind of substantive detail a non-lawyer typing service cannot advise on. For a deeper look at how the financial picture fits together, see our property division in uncontested divorce Florida guide.

What Counts as Marital Debt in Florida?

Marital debt Florida law treats as divisible includes essentially everything borrowed during the marriage for the benefit of the household. Under F.S. 61.075(6), the date a debt becomes "marital" generally runs to the earliest of the date the parties sign a separation agreement or the date the dissolution petition is filed.

Common categories of marital debt:

• Credit card debt incurred during the marriage, even if only one spouse's name is on the card
• The mortgage and any home equity line on the marital home
• Auto loans for vehicles bought during the marriage
• Medical bills for either spouse or the children
• Personal and signature loans taken on while married
• Tax debt from joint returns filed during the marriage

Common categories of separate (non-marital) debt:

• Debt either spouse brought into the marriage
• Student loans — these are frequently treated as the borrowing spouse's separate debt, though Florida courts look at how the funds were used
• Debt tied to a gift or inheritance kept separate
• Debt one spouse ran up after the petition was filed

Debt classification is rarely as clean as the categories suggest. Student loans, commingled accounts, and debt incurred on a separate asset all create gray areas. An attorney-prepared MSA documents the classification clearly so there is no ambiguity if a dispute arises later.

How Is Credit Card Debt Divided in a Florida Divorce?

Credit card debt divorce Florida outcomes turn on when the charges were made and who benefited. Credit card balances run up during the marriage for household expenses, groceries, family vacations, or shared bills are marital debt under F.S. 61.075 — even if the card is in only one spouse's name. The name on the card does not control classification; the timing and purpose of the debt do.

There is an important exception. Under F.S. 61.075(1)(i), the court considers "the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing." If one spouse secretly ran up credit card debt gambling, funding an affair, or making large purchases in anticipation of divorce, the court can assign that dissipated debt entirely to the spending spouse and award the other spouse a larger share of the assets to offset the waste.

In an uncontested divorce, you and your spouse decide together how to split the cards. A typical approach:

• Each spouse keeps the cards in their own name and agrees to pay those balances
• Joint-card balances are divided by agreement, with a plan to close or transfer the account
• The MSA includes indemnification so that if one spouse defaults, the other has a contractual remedy

Because the bank is not bound by your MSA, the safest path with joint cards is to pay them off or transfer the balance to an individual card before the divorce is final whenever possible.

Who Is Responsible for the Mortgage in a Florida Divorce?

The mortgage on the marital home is marital debt, and the house is usually a couple's largest asset and largest liability at the same time. In an uncontested case, spouses typically choose one of three paths:

Refinancing is the cleanest option because it actually removes the departing spouse from the debt with the lender. A quitclaim deed transfers ownership of the property, but it does NOT remove a spouse from the mortgage — the lender's contract survives the divorce. If your name stays on the mortgage but your ex keeps the house, a missed payment damages your credit and can expose you to the full balance.

A well-drafted MSA sets a firm refinance or sale deadline, specifies what happens if the keeping spouse cannot qualify to refinance, and allocates responsibility for the payments in the interim. These are the substantive protections that distinguish a lawyer-prepared agreement from a fill-in-the-blank form.

Does It Matter Whose Name Is on the Debt in Florida?

For classification by the divorce court: no. Florida's equitable distribution statute (F.S. 61.075) classifies debt as marital based on when and why it was incurred — not whose name is on the account. A credit card in only the wife's name, used for family expenses during the marriage, is still marital debt subject to division.

For liability to the creditor: yes, enormously. The lender's contract is with whoever signed for the account. This is the gap that traps unprepared divorcing spouses: the divorce court can order your ex to pay a joint debt, but the bank can still come after you because you signed the original agreement.

This dual reality is why dividing debt divorce Florida cases benefit from attorney-prepared documents. The MSA can require your spouse to refinance joint loans, close joint cards, add you as a protected party through indemnification, and even secure the obligation against assets your spouse is receiving. None of that happens automatically — it has to be drafted into the agreement.

Simplified Dissolution vs. Regular Uncontested: Which Handles Debt Better?

Florida offers two uncontested paths, and the right one depends partly on how complex your debts are.

Simplified dissolution under F.S. 61.052(2) (Form 12.901(a)) is the fastest route, but it has strict requirements: no minor or dependent children, neither spouse seeking alimony, full agreement on property and debt division, and both spouses must appear at the final hearing. It also waives the right to a trial and to financial disclosure from the other spouse — which means if you suspect hidden debt, simplified dissolution may not protect you.

Regular uncontested dissolution (Form 12.901(b)(1) without children, or Form 12.901(b)(2) with children) is resolved through a written Marital Settlement Agreement and, when children are involved, a Parenting Plan. It preserves financial disclosure and is the better fit when debts are complex, when one spouse cannot appear, or when you want the protection of exchanged Family Law Financial Affidavits.

For more detail on both paths, see our uncontested divorce checklist for Florida and our guide to the Marital Settlement Agreement in Florida.

Comparison: How the Two Uncontested Paths Handle Debt

How the Family Law Financial Affidavit Affects Debt Division

In a regular uncontested divorce, both parties generally file a Family Law Financial Affidavit — Form 12.902(b) (short form, for income under the statutory threshold) or Form 12.902(c) (long form) — within 45 days of service. This affidavit lists all income, expenses, assets, AND liabilities, which makes it the foundation for an honest debt division.

The affidavit forces both spouses to disclose every debt on the record. That disclosure protects you: if your spouse later claims a debt you never knew about, the affidavit is your evidence of what was disclosed. It also helps catch dissipation under F.S. 61.075(1)(i).

Spouses who genuinely agree on everything may waive filing the financial affidavits by filing Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285). Waiving the filing speeds the case but removes a layer of protection — something to weigh carefully when debts are significant. Our financial affidavit Florida divorce guide walks through both forms in detail.

Why an Attorney-Prepared Uncontested Divorce Protects You on Debt

Dividing debt is where do-it-yourself and non-lawyer document services most often fall short. A typing service can fill in a form, but it cannot give legal advice, cannot tell you that a quitclaim deed leaves you on the mortgage, and cannot draft the indemnification language that protects you if your ex defaults.

When our firm prepares your uncontested divorce, a licensed Florida attorney reviews your full debt picture, classifies marital versus separate debt, drafts an MSA that allocates each debt clearly with protective language, and ensures your filing is complete before it goes to the court. This is full legal representation — not form-filling — for a flat $750 attorney fee, the same price in all 67 Florida counties (court costs ~$408-$410 and notary separate).

An uncontested flat-fee divorce is a strong fit when you and your spouse agree on how to divide your debts and assets. If you cannot agree, or if you suspect hidden debt or dissipation, the case is contested and the flat fee does not apply — but we can still help you understand your options. To see how the numbers compare, read our uncontested vs. contested divorce in Florida guide, or ask Victoria whether your situation qualifies as uncontested.

Frequently Asked Questions

See the detailed FAQs below covering credit card debt, the mortgage, separate debt, dissipation, and our flat fee.

Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.