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Orlando Debt Division Lawyer

Equitable Distribution of Debt in Florida Divorce Actions

When it comes to debt division, divorcing parties often run into confusion and conflict. Division of debt plays a critical role not only at the end of a marriage, but in the years ahead.

As a couple, you may be underwater on your mortgage. One spouse may have piled up thousands of dollars in credit card debt you didn’t know about. The old car is paid for, but the new one is not.

Common scenarios like these lead to serious disputes. Most marriages will have incurred some kind of debt, and many divorces carry complex debt issues. If you cannot come to agreement as to who pays what, the court will make this decision for you.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Protecting your Rights to Fair Debt Division

To make certain that marital debts are distributed fairly, help from an experienced attorney is essential. How property and debt division is handled may change your lifestyle, career plans and retirement dreams. The TK Law Firm can truly make a difference in your immediate and future situation.

Our attorneys are meticulous in executing discovery, interpreting financial records and appraising the marital estate. We will help you prepare for, avoid and resolve any problems that might surface, and ensure you are treated fairly.

Don’t hesitate to call our firm for a confidential consultation regarding division of debt and a true financial picture of your divorce.

Equitable Distribution in Divorce

Florida follows the process of equitable distribution for property and debt division. Equitable means ‘fair’ – and since debts accumulated during marriage are considered the shared responsibility of the husband and wife, they are to be divided fairly.

This is not a cut and dry process, however. The court will look closely at a long list of reasons why unequal division of debt may be justified, such as

  • Did each spouse “contribute to the marriage” equally?
  • What is the earning capacity of each spouse?
  • How long were the spouses married to each other?
  • Did one spouse contribute to the career and education of the other spouse?
  • Are there prenuptial or postnuptial agreements regarding debt?

Asset, property and debt division are closely tied because in the end, one spouse may be assigned more debt than the other, but that spouse may also be granted more assets to equal it all out.

In Florida, Marital Debt is Separate from Nonmarital Debt

Marital Debt: In most cases, debts incurred by either you or your spouse during the marriage are treated as “marital debt” no matter who made the purchase. Only marital debts are divided in divorce, and they can be assigned to either party for payment upon divorce.

Although there are exceptions to the rule, marital debts generally include:

  • Mortgages
  • Credit card debt
  • Business debt
  • Home equity lines of credit
  • Car loans
  • Various other types of loans

Nonmarital Debt: If one spouse acquired a debt before the marriage and that debt still exists at the time of the divorce, the spouse who owed the debt will be the person responsible for paying. Nonmarital debt also includes debt that the spouses have defined in a valid written agreement as nonmarital debt.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

We Uncover Hidden Assets to Ensure Fair Debt Division

Unlike child custody and support orders, division of property and debt cannot be modified later. Once the order is entered the settlement is binding, unless there is proof of one spouse’s failure to disclose assets and debts.

As your attorneys, we can help you take the right steps to protect your rights and finances from unfair debt assignment. If you suspect your spouse may have hidden assets or incurred hidden marital debt during the marriage, we will investigate the claim thoroughly.

If necessary, we will consult with forensic accountants and valuation experts to ensure all marital assets are accounted for that could otherwise result in unfair allocation of debt to you.

We Advocate Mediation to Resolve Debt Division Disputes

In many cases, mediation is a highly effective tool for resolving disputes over division of property and debt. Our attorneys have helped countless divorcing couples reach workable solutions to highly complicated debt issues that served both spouses fairly, and that would not be attainable in a court settlement.

Our Debt Division Attorneys Can Help

It is our job to protect the well-being of your home, your family and your finances during and long after divorce. An accomplished law firm with a steady hand to guide you through your legal and financial concerns can be a decisive advantage to your case.

Call the TK Law Firm today: 855-Kramer-Now (855-572-6376)

Free Case Review

All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

Family Law Information


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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



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client victories

Roy P.
Mar. 2024
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Gastell and Kayla were awesome! They helped me make it through a very challenging time in my life with kindness and compassion. They were always available to answer my questions and kept me up to date. Their counsel was extremely helpful in aiding a resolution that I am very satisfied with.
Carmen D.
Mar. 2024
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I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Alysia T.
Jan. 2024
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I am thankful to Janelise and Kayla at TK Law for a fantastic job. Kayla guided me through every step of my divorce process. She is patient, professional, and honest. I highly recommend them!
Chris O.
Dec. 2023
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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.

*Top-rating from clients and award publications such as Orlando Weekly, US News & more.​


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We offer payment plans, accept credit cards, are available for evening appointments and our main office is conveniently located right off of I-4, between 436 and 434. For immediate help call: 407-834-4847.


The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Phone: 407-834-4847
999 Douglas Ave #3333, Altamonte Springs, FL 32714

Service Areas

Orange & Seminole County, Florida.