Every relationship has its ups and downs. Sometimes, marital conflicts can push a couple to go their separate ways via divorce. This, as you can imagine, can be a stressful experience.
One of the most contentious issues during a divorce is usually the division of marital property. It is not uncommon for couples to fight over the family home, the car and other assets that they have accumulated while married. But what about marital debts like credit card debt?
Understanding Florida property division laws
Under Florida law, virtually any asset or debt that is acquired either individually or jointly while in marriage is referred to as marital property. Thus, in the event of a divorce, such property must be distributed equitably per Florida’s equitable distribution statute.
However, it is important to understand that equitable distribution does not necessarily mean 50/50 distribution. Rather, the court takes into account the following factors when distributing marital property, including credit card debts:
- Each party’s contribution to the acquisition of the marital property
- Each party’s contribution to the household debts and liabilities
- Intentional waste or dissipation of marital property within two years prior to filing for the divorce
- Any other factor that will ensure equitable distribution of marital property
This judicial flexibility helps to prevent injustice when said injustice can be adequately proven.
What if you can prove that your ex is solely responsible for the credit card debt?
If your spouse solely took out the credit card for personal use, then the court will take this into account when ruling on property division. For instance, if you can prove that your spouse dissipated the funds recklessly, they may be responsible for the debt. Some of the evidence you may provide to prove your spouse’s responsibility for the debt include:
- The names attached to the credit card
- The payments that were made using the card
- How the household benefitted from the credit card
If you can prove that saddling you with this debt would be unjust, the court may absolve you of responsibility for it.
Safeguarding your interests
Debt, in and of itself, is stressful enough. Things get even worse when divorce is in the mix. Seeking legal guidance to learn more about Florida property division laws can help you safeguard your rights and interests while handling credit card debt during a divorce.