Posted by Nydia Streets of Streets Law in Florida Divorce

Is a spouse responsible for debts incurred by the other spouse in a Florida divorce? Generally, debts incurred during the marriage are considered marital debts for which both spouses are responsible, even if the debt is only in one spouse’s name. There are exceptions to this rule, however, as illustrated in the case Dampier v. Dampier, 1D19-3016 (Fla. 1st DCA June 24, 2020).

In the parties’ final judgment of divorce, the court determined certain debts were incurred by the former wife as a result of fraud. The former husband alleged the former wife incurred this debt by forgery and asserted to the trial court that he should not be responsible for it. Despite the court’s finding that the former wife did indeed incur the debt by fraud, it still deemed the debt marital and made both spouses jointly responsible under the rationale that it could not determine how the funds obtained as a result of the fraud were spent, and there was no evidence that the former wife misused the funds for her own benefit.

The former husband appealed, and the appellate court agreed with him, reversing this part of the trial court’s order. The appellate court held “The trial court erred in determining that it mattered whether the funds had been misused or misspent. Section 61.075(6)(b)5 does not place the burden on the wronged spouse to prove how the funds were used, but makes it mandatory that the party that committed the forgery be assigned the debt.”

If you are concerned that you may be responsible for a debt incurred by your spouse, schedule a consultation with a Miami divorce lawyer. This may help you understand whether you will be responsible for certain debts.