Can I be liable for my former spouse’s debt after the divorce?

On Behalf of | Feb 21, 2023 | Divorce |

The divorce process in Florida allows equitable division of marital assets and liabilities, including debt. Florida law requires clear identification of what belongs to you, including properties and financial obligations.

However, a debt collector might still knock on your door for your former spouse’s debt. It may happen because of the following scenarios:

  • Your former spouse failed to remove your name from a loan.
  • The debt came from a joint account with your name still listed as a user.
  • Your former spouse deleted your name from the account, but you are still responsible for the debt owed before the removal.

A creditor could hold you liable if you applied for the loan with your former spouse, which usually happens with car loans, mortgages, utility and medical bills.

How do I stop them?

Unfortunately, sending your divorce documents to the creditor might mean nothing because you incurred this debt before splitting up with your former spouse. If they threaten to take legal action against you, you can dispute the debt and speak to an attorney to determine your options.

Additionally, you can practice your right according to the Fair Debt Collection Practices Act to stop them from harassing you.

Preventing debt issues

Dividing debt and marital properties is just one of the tricky parts of a divorce. You can encounter other financial issues if you fail to plan appropriately.

These tips can help you prepare and sort out your finances, especially in a high-asset divorce:

  • Put your documents in order.
  • Set a budget for life after the process.
  • Spend conservatively during proceedings.
  • Hire professionals to help plan your finances.

Taking these measures allows you to live your post-divorce life without worrying about getting chased by creditors.

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