Written By: Lenorae Atter
Wood, Atter & Wolf, P.A.
Florida is a no-fault divorce state, meaning that in a divorce things like debt and assets should be split 50/50 or equitably.
When one party racks up the majority of the debt and there are really no “assets,” then the court may have a different route to take with the division of the debt. The other factor may be if the party that bought marital items with credit cards and then takes the property, then the court may find that there is a pertinent reason why one party should take more debt then the other.
The real area of interest and best argument in an unequitable distribution, greater or less than a 50/50 split, is if one spouse engaged in an extramarital relationship, on which that spouse spent money or incurred debt.
The real answer when it comes to equitable distribution is that every case is different and the law is not black-and-white on this matter. It is important to discuss your options and likelihood of success with a family law attorney in pursuing a divorce.