DivTips: Divorce Tips and Topics

Debts

Kranz v. Kranz, 737 So. 2d 1198 (Fla. Dist. Ct. App. 1999).

Credit card debt incurred by the wife during voluntary separation but before the filing of the petition for dissolution is not necessarily nonmarital debt, nor is it subject to unequal distribution.

Adkins v. Adkins, 675 So. 2d 199 (Fla. DCA 1996).
The husband's interest in the wife's profit-sharing plan pursuant to the parties' dissolution judgment was not a debt owed by the wife and therefore was not discharged in her bankruptcy proceeding after the dissolution.

Walton v. Walton, 657 So. 2d 1214 (Fla. DCA 1995).
The parties' contractual obligation to prepay the college tuition of their children was a marital liability which could be assigned as part of their property division.

Miner v. Miner, 727 So. 2d 1080 (Fla. Dist. Ct. App. 1999).
The husband's debt for medical expenses incurred after the parties' separation would be a marital obligation if the injury causing the expenses occurred during the marriage.

Johnson v. Johnson, 725 So. 2d 1029 (Fla. Dist. Ct. App. 1999).
Debts owed by the husband's non-marital businesses were non-marital even though they were personally guaranteed by him during the marriage.

 

To learn more about debts in divorce, consult our explanation here.