How is marital debt distributed?

In Florida, marital debt is distributed in a fair and equitable manner. Generally, the court will look at the individual contributions each spouse has made to the acquisition of the debt and decide who is responsible for what. Factors such as the age, health, and earning abilities of the spouses, as well as how long they have been married, are considered when making debt division decisions. In some cases, such as if the couple has a prenuptial agreement, the court may decide not to divide the debt at all. However, this is rare and the court will generally evaluate the contributions of each spouse and decide how much each is responsible for. Usually the court will decide each spouse is equally responsible for the debt, although there may be exceptions to this in extenuating circumstances. Additionally, the court may also consider any efforts made by one spouse to reduce or pay down the debt while the other spouse has not contributed to these efforts. This may result in the spouse who has been responsible for paying down the debt being given a larger portion of the share. Ultimately, the court will use its discretion when deciding how marital debt will be divided and the ruling can vary from case to case.

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How is marital debt distributed?

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