Family Law
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Naples Lawyer for Division of Debts in Florida Divorce

Pursuing Your Best Financial Interests in Collier County & Beyond

Florida’s equitable distribution law regarding the division of marital property in a divorce also applies to the division of marital debt. This legal concept means that the debt you and your spouse accrued during your marriage will be divided as fairly as possible by the courts. This can be a complex issue as dividing debt under this rule does not always translate to an “equal” division based on the facts and circumstances of your case. 

At the Law Offices of Lisa P. Kirby, P.A., we can provide the legal assistance you need in determining what debt is considered to be “marital” as well as how to divide that debt in a fair and just manner. Because our firm has been practicing divorce and family law exclusively for over 20 years, we are highly-knowledgeable about this issue and how family courts operate in making their determinations. You can count on our advocacy when it comes to protecting your financial rights in this matter.

Talk to our Naples division of debt attorney about your financial circumstances in a confidential consultation. Call the Law Offices of Lisa P. Kirby, P.A. at (239) 908-4905 or contact us online

Dividing Debts in a Florida Divorce

The first consideration involved in this issue is the determination of what is marital debt and what is separate debt. Marital debt consists only of the debt you and your spouse acquired together after the wedding took place or debt that was used to acquire items that benefited you both, such as a car that you both might use. Any debt you brought into the marriage prior to that is considered your own separate debt for which only you are responsible. 

Marital debt can consist of any financial liability such as:

  • Mortgages 
  • Vehicle loans
  • Joint credit cards
  • Recreational vehicle loans
  • Boat loans

Some debt may be considered “non-marital” if it was accrued in the name of only one of the spouses who did not make payments on it through shared marital funds. 

If you and your spouse had different philosophies about saving and spending during your marriage, chances are you will have some differing opinions when dividing your debts in divorce.  What you both can count on is that Florida Law provides that, to reach a fair outcome, the payment of debts must also be taken into consideration when dividing the assets from your marriage.

Certain steps can be taken to ensure the best outcome possible when it comes to dividing your marital debt.  These include providing accurate and complete debt information to your lawyer and asking your lawyer to include provisions in your divorce decree to protect you in the future if your spouse refuses to pay his or her share.

Regardless of how the debts from your marriage are divided, you can gradually build your own independent financial success when making a fresh start after your divorce is final.

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    - Heather P.
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    - Amy G.
  • “I have used seven different attorneys for various legal matters, I have found Lisa to be my favorite, she is to the point, cares about her clients, and is very knowledgeable in the legal system.”

    - Aaron

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