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Debt Division Melbourne Florida

What if dividing your debt in Melbourne, Florida, was made simple and stress-free?

Are you struggling with the complex debt division issues in Melbourne, Florida? The division of debt in a divorce or separation can be daunting without the guidance of an experienced attorney. At the Figueroa Law Group, we understand the intricacies of debt division in Melbourne, Florida, and have successfully helped clients achieve equitable resolutions.

We are well-versed in the legal landscape surrounding debt division, with a proven track record for client satisfaction. You can trust our team to provide sound advice and representation. Reach out to Figueroa Law Group and let our skilled attorneys assist you in resolving your financial concerns during this difficult time.

Understanding the Role of Debt in Divorce

As individuals contemplate marriage, the implications of debt often go unnoticed. It’s important to realize that debt is deemed as marital property too, and consequently, factors into the split of assets during a divorce. The role of debt in divorce proceedings can be quite significant, not only influencing the distribution of support but also having potential long-term impacts on the financial stability of both parties involved.

What Happens to Debt When You Get Divorced in Florida?

During a divorce in Florida, the equitable distribution principle applies to the division of assets and liabilities acquired during the marriage. This means that any debt incurred by either spouse while married will be divided in a manner deemed fair by the court.

The assignment of marital debt depends on the criteria established by state law. Adjustments can be made if either party can provide evidence demonstrating their unsuitability for shouldering responsibility for specific debts. However, such modifications are subject to specific conditions and require court approval.

Equitable Does Not Mean Equal

A widespread misconception is that “equitable division” or “equitable distribution” implies an even split between spouses. In reality, “equitable” refers to a fair or reasonable distribution. A judge will determine whether allocating a couple’s debt is justifiable based on prevailing circumstances. This may lead to an equal division of debt, but not necessarily.

One Spouse Is Typically Responsible for More Debt

In most Florida divorces, one spouse assumes responsibility for a larger share of the couple’s debt. This usually arises when the court deems a spouse in a more favorable financial position following the divorce. Factors such as higher income, more separate assets, and fewer individual debts contribute to this decision.

Ultimately, judges aim to strike a balance between the interests of creditors and the ability of either spouse to repay the debt.

Types of Debt That May Be Divided in a Divorce

Divorce proceedings often necessitate the division of various forms of debt. Although the type and amount may vary among different households, several common categories of debt typically come into play:

Student Loans

If a spouse took out the loan before marriage, it is typically considered premarital debt. However, if the loan was taken out during the marriage, it may be considered marital debt, and its division will depend on factors such as local laws and the judge’s discretion.

Mortgages

In a divorce, both parties are typically responsible for this debt. How the mortgage is dealt with can vary greatly – from one spouse keeping the home and refinancing the mortgage to selling the house and splitting the proceeds (and debt) mutually.

Car Loans

Similar to other forms of debt, if a car loan was taken out during the marriage, it’s usually considered marital debt. However, the spouse who retains vehicle ownership after the divorce often assumes responsibility for this debt.

Credit Card Debt

How this debt is divided can often depend on whose name the credit card is in, when it was accrued, and what it was used for. Ideally, this type of debt is paid off before a divorce to prevent disputes.

What is Premarital Debt in a Divorce?

Premarital debt refers to any liabilities incurred by either partner before the marriage. This can typically include student loans or credit card debt associated with one spouse’s name. If proof exists that the debt was accumulated before marriage, the other spouse is not liable for its payment unless they also utilized the concerned credit facilities during their union.

What is Non-Marital Debt in a Divorce?

Non-marital debt is any liability linked solely to one spouse. Instances of non-marital debt are those spent exclusively by one spouse. Demonstrating that only one partner benefited from specific debt can be challenging, highlighting the need for a skilled divorce attorney to prove your non-liability concerning your spouse’s non-marital debt.

What is Marital Debt in a Divorce?

Debts attributed to spouses during the marriage term are categorized as marital debt. Such liabilities are liable for fair division in a Florida divorce unless a spouse can validate that they neither benefited from the particular debt nor used it to acquire mutual family items.

Why Do I Need Melbourne, FL Property Division Attorney?

Choosing a property division attorney, especially in Melbourne, FL, necessitates thoughtful consideration. It’s here that a seasoned property division attorney makes a huge difference:

Characteristics of a Good Property Division Attorney

When selecting an attorney, you must consider the following qualities:

  • Knowledgeable: Attorneys with extensive knowledge about the specific issues in property laws.
  • Experience: Experience handling cases similar to yours, ideally in the local Melbourne, FL area.
  • Excellent Communication Skills: An attorney who can explain complex legal issues in simple terms.
  • Negotiation Ability: Power to negotiate well to get the best possible outcome.
  • Personal Attention: An attorney who gives personalized attention to reach the best possible resolution.


Get the help you need today! Feel free to connect with us for an initial consultation. 

Call our Property Division Attorney Now!

The decision to undergo a divorce or separation and the subsequent property division entails deep emotional and financial ramifications. Whether it’s the entanglement of jointly-owned businesses, resolution of shared property, or issues of accumulated debts.You might feel uncertain of your rights or overwhelmed at the thought of equitable property distribution. That’s where we at Figueroa Law Group step in.

We aim to ensure the property division process is conducted fairly, respecting your rights and interests. Besides the property division, we offer a range of services relevant to your needs:


You can call us, submit the online form, or use the chat box in your screen’s bottom right corner. At Figueroa Law Group, we are here to offer legal guidance and reassurance during your difficult time. Reach out to us today – let’s navigate this journey together.

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Please note that a small fee will be charged for the initial consultation.

Please note that a small fee will be charged for the initial consultation.

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