Will my spouse have to pay for marital debts in a Florida divorce?
Florida’s equitable distribution statute, Florida Statute 61.075, states that the starting presumption is that each spouse generally receives half of marital assets and half of the marital debts in the event of a Florida divorce. The distribution can be adjusted, however. An adjustment will be deemed necessary after the financial situation of each spouse is taken into account. In other words, equitable distribution does not always mean equal distribution. The Florida statute provides that distribution of marital assets and liabilities should be presumed equal, unless there is justification for unequal distribution based on other factors which may be relevant.
If you are facing a Florida divorce and are concerned that you’ll get stuck paying for all the marital debt, contact Vari & Associates to speak with one of our experienced marital debt attorneys. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.
When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.
The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.