How to Avoid Getting Stuck with Unfair Debt in Divorce

Equitably dividing marital debt can be just as important—and contentious—as dividing assets. Florida courts consider not just whose name is on a credit card or loan, but how and why the debt was incurred.

In *Kelley v. Kelley*, 842 So. 2d 1074 (Fla. 4th DCA 2003), the court found that debts incurred for extramarital affairs or reckless spending could justify unequal distribution.

Debts associated with legitimate family expenses—like household bills, education costs, or family car loans—are often deemed marital. But undisclosed credit card use or secret lines of credit can be assigned to the responsible spouse.

Tip: Keep copies of all statements, and if possible, close or freeze joint accounts during the separation. Courts need documentation to distinguish fair division from financial misconduct.

If you’re worried about debt division in your divorce, Rhoden Law Group can help. Call or text 321-549-3162 or complete our online form to protect your financial future.

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