You might be able to picture who keeps the house after a divorce, but very few people feel clear or confident about who keeps the debt. For many Naples families, the mortgage, car loans, credit cards, and even medical bills feel like a heavier weight than the property itself. The fear of being stuck with an unfair share, or being harmed by your spouse’s unpaid bills, can make every conversation about divorce feel overwhelming.
That anxiety is understandable. Debt splitting in a Florida divorce is not as simple as dividing a list down the middle, even though friends or online articles may make it sound that way. Florida’s equitable distribution rules, your specific lenders, and the way you have used accounts over the years all play a role. If you live in Naples, Collier County, or Lee County, you are also dealing with local realities such as mortgages on higher-value homes, financed vehicles, and sometimes multiple properties.
At Family First Legal Group, we focus our family law practice on divorce and related financial issues for clients in and around Naples. We regularly help people sort through debt pictures that include co-signed mortgages, joint credit cards, medical bills, and business obligations. In this guide, we walk through how debt splitting during divorce really works in Florida and what practical steps you can take to protect yourself and your credit as you move into the next chapter of your life.
Why Debt Splitting in a Naples Divorce Is More Complicated Than 50/50
Many people come into our office assuming debt will just be split 50/50 in their divorce. Florida uses an equitable distribution system, which means the court aims for a division that is fair under the circumstances, not necessarily mathematically equal. This framework applies to both assets and debts. A judge in Collier or Lee County often starts from a roughly equal division and then considers whether specific factors justify shifting more debt to one spouse or the other.
Those factors can include each spouse’s income and earning capacity, the length of the marriage, how each person contributed to acquiring assets and debts, and any clear financial misconduct. For example, if one spouse earns significantly more and has strong career prospects, a court may be more willing to assign that spouse a larger share of certain debts. If one spouse ran up large balances late in the marriage for their sole benefit, the court might allocate more of that debt to them.
Consider a Naples couple who own a primary home with a substantial mortgage, two vehicles with loans, and several credit cards with mixed charges. An equal division might suggest each takes one vehicle and half the unsecured debt, while the spouse who keeps the home also keeps the mortgage. A more equitable outcome could involve the higher earner taking more of the unsecured debt in exchange for paying less or no alimony, or the home being sold so the mortgage is paid off and both spouses leave with a cleaner slate. What looks fair on paper must also be realistic in practice.
We routinely walk Naples clients through these tradeoffs, based on what we see in local courts. Part of our role is to help you understand that you are negotiating a total financial package that includes property, support, and debt, not isolated line items. Once you see how the pieces fit together, you are in a stronger position to push for a result that you can afford to live with long after the divorce is final.
Marital vs. Non-Marital Debt Under Florida Law
Before you can talk about who pays which bill, you have to know which debts are even on the table. Under Florida law, many debts incurred during the marriage for the benefit of the marriage are considered marital debts. It usually does not matter whose name is on the account. If a credit card was used to buy groceries, pay utilities, or fund family vacations during the marriage, that balance is typically treated as a shared obligation.
Non-marital, or separate, debts usually include obligations incurred before the marriage or debts that are clearly tied to one spouse alone and kept separate. A student loan taken out years before the wedding, with payments made from that spouse’s separate account, might remain their individual responsibility. However, if marital income was consistently used to pay that loan, or the couple made joint decisions based on one spouse’s degree and earning power, a court can still consider how that obligation affects the overall fairness of the division.
Gray areas are common. A credit card account opened before marriage that is then used during the marriage for joint expenses can become at least partly marital in character. A personal loan taken from a friend to cover a down payment on a Naples home is likely marital, even if only one spouse signed the note, because both benefit from the property. On the other hand, a secret personal loan used to fund a gambling habit or undisclosed relationship may be treated differently, particularly if the other spouse had no knowledge and did not benefit.
Sorting out what is truly marital versus non-marital is not always straightforward, especially when accounts have a long history. We work with clients to review statements, payment patterns, and the purpose of each debt so we can make informed arguments in negotiation or in court. Investing this effort early often pays off, since mislabeling a large debt can dramatically change your financial picture after divorce.
Why a Debt in Only One Name Can Still Be a Marital Problem
One of the most common surprises we see is the realization that a debt in only one spouse’s name can still be a marital responsibility. Florida courts look beyond the name on the account to the reality of how the debt was used. If a card in your spouse’s name paid for groceries, family dinners, children’s clothes, or household repairs, a judge is likely to see that obligation as part of the shared marital pot.
This comes up frequently with credit cards, medical bills, and personal loans. For example, if your spouse opened a card during the marriage and used it to pay joint expenses because your joint checking account was low, that card does not simply vanish from the court’s consideration because only their name appears on the statement. The same is true for medical debt, where one spouse’s name appears as the patient, but the care and cost may be considered a family concern.
There are situations where a court may treat a one-name debt as primarily that person’s problem. Spending clearly tied to non-marital conduct, such as maintaining an affair, supporting a secret addiction, or making large personal luxury purchases with no benefit to the household, may be allocated more heavily to the spouse who incurred it. Even then, the other spouse sometimes feels the ripple effects, because that debt affects the overall calculation of what each person can afford regarding support and other obligations.
We often meet clients in Naples who initially assume, “That card is in his name, so I am safe,” or “Those medical bills are in my name, so I am stuck.” Part of our job is to help them see how Florida courts actually analyze these questions and to use that understanding in negotiations. Once you realize that the name on the bill is not the only factor, you can make more realistic decisions about settlement offers and trial strategies.
Creditors Do Not Have to Follow Your Divorce Judgment
Even when you and your spouse clearly agree who will pay each debt, or the judge assigns obligations in the final judgment, your creditors do not have to follow that order. Lenders, mortgage companies, and credit card issuers are not parties to your divorce case. Their contracts with you do not change just because the family court says one of you is supposed to make the payments.
That means if you and your spouse are both on a mortgage or a joint credit card, the creditor can still pursue either of you if payments are late or stop altogether. Your divorce judgment may say your ex is responsible for that Visa, but if your name is on the account, late payments can still show up on your credit report. Collection agencies do not ask to see your divorce paperwork before deciding who to call or sue.
This disconnect between family court orders and creditor rights is a major source of post-divorce stress. Some spouses in Naples trust that their ex will pay a joint car loan, only to find out months later that the vehicle was repossessed and their own credit score dropped. Others learn, years after their divorce, that their ex stopped paying on a joint credit card, resulting in collection efforts that still follow them when they try to buy a home or rent an apartment.
Some of the most serious risks with joint accounts and co-signed loans include:
- Credit damage. Late or missed payments on any joint account can appear on both spouses’ credit reports.
- Collection lawsuits. Creditors can file suit against any signer on the account, regardless of what the divorce judgment says.
- Difficulty moving forward. Remaining on a mortgage or large loan can limit your ability to qualify for new credit or a new place to live.
At Family First Legal Group, we draft settlement agreements with these realities in mind. We often use clear deadlines for refinancing or selling a home, specific instructions for paying off or transferring credit card balances, and indemnification language that gives you recourse if your ex does not pay a debt they agreed to cover. While we cannot control the creditor’s rights, we can structure your divorce orders to reduce the chances you are left responsible for debts you did not expect, and to give you enforcement tools if problems arise later.
Handling Mortgages, Car Loans, and Other Secured Debts in Naples Divorces
Secured debts such as mortgages and car loans come with both a financial and a practical concern, because a specific asset secures the loan. In Naples, the biggest secured debt is often the mortgage on the marital home, and sometimes additional mortgages on investment property or a vacation condo. Deciding who keeps these properties, or whether they should be sold, is a central part of many divorces in Collier and Lee Counties.
One common approach is for one spouse to keep the home and refinance the mortgage into their sole name within a set period. This requires that spouse to qualify based on their income, credit, and the property’s value. If they cannot refinance, another option is to sell the home and use the proceeds to pay off the mortgage, then divide any remaining equity. Keeping both spouses on the mortgage long term, without a clear exit strategy, usually creates years of financial entanglement and risk.
Car loans are often more straightforward, but they still require careful planning. Typically, each spouse keeps the vehicle they drive and agrees to be responsible for that loan, either by refinancing or by a clear payment arrangement. Problems arise when a vehicle is worth less than the loan balance, or when the person keeping the car may struggle to afford the payment without additional support. Those issues can be addressed through adjustments in property division or support, but they should not be ignored.
In Naples, some divorces also involve secured debts tied to boats, second homes, or investment properties. These assets have both lifestyle and financial implications. Sometimes a couple decides to sell a boat or condo to eliminate the associated loan and simplify the post-divorce budget. In other cases, one spouse keeps an income-producing property and assumes the loan, while the other receives more liquid assets to balance the equation.
Because we are based in Naples and regularly coordinate with lenders, realtors, and financial professionals, we understand the practical challenges of refinancing or selling property in this market. When we talk about who keeps a house or vehicle, we also look closely at whether that person can qualify for the necessary refinance and how long the process is likely to take. Those real-world details help us draft timelines and contingency plans that work, instead of leaving you tied to a loan you cannot control.
Joint Credit Cards & Co-Signed Loans: Steps to Protect Yourself
Joint credit cards and co-signed loans often create the most lingering problems after divorce, because both spouses are fully on the hook in the creditor’s eyes. It helps to understand the difference between a true joint account, where both of you applied and are primary account holders, and an account where one spouse is the primary and the other is an authorized user. Authorized users generally can be removed, while joint account holders usually cannot be removed without paying off or closing the account.
Co-signed loans, such as some car loans or personal loans, are similar. Even if the co-signer never drove the car or saw the loan funds, the lender can pursue either signer for payment. This is why leaving joint cards and co-signed loans open and active during a divorce is so risky. New charges or missed payments during a tense period can create debt that a court later treats as marital, even if one person did most of the spending.
There are practical steps you can take before and during your divorce to reduce these risks. In many cases, we recommend freezing or closing joint credit cards to prevent additional charges, especially once it is clear the relationship is ending. Before doing that, it is important to have a plan for how necessary household expenses will be paid, so you are not suddenly unable to buy groceries or gas. Gathering recent statements for every joint account and loan, and checking your credit report for overlooked accounts, should be part of your early preparation.
There are also several ways a settlement agreement can address joint credit cards and co-signed loans:
- Payoff from assets. Using proceeds from the sale of the Naples home, a vehicle, or other assets to pay down or eliminate joint balances.
- Balance transfers. Reassigning balances to new individual accounts when possible, so each spouse walks away with debt solely in their name.
- Automatic payments. Requiring the spouse responsible for a debt to set up automatic payments to reduce the risk of missed due dates.
- Indemnification. Including clear language that if one spouse does not pay as agreed, they must reimburse the other for any resulting costs, including potential attorney fees.
Our team at Family First Legal Group works with clients to inventory every joint and co-signed account, then build a realistic timeline for freezing, closing, or restructuring those accounts. We balance the need to protect you with the need to keep the household functioning during the divorce process. Careful planning at this stage can significantly cut down on unpleasant surprises long after the judgment has been signed.
How Debt Division Interacts With Alimony, Child Support, and Property
Debt does not exist in a vacuum. In Florida divorces, allocation of debt interacts closely with property division, alimony, and child support. When you reach a settlement or a judge enters an order, the aim is to create an overall arrangement that is fair and workable, not to produce a perfect split on any single category. Recognizing this broader picture can help you make smarter tradeoffs.
For example, a higher earning spouse in Naples might agree to take on a larger share of the joint credit card debt and a car loan in exchange for paying a lower amount of alimony over a defined period. In another case, one spouse may keep the marital home and its mortgage, while the other receives more liquid assets, like retirement funds or cash, and fewer ongoing debt obligations. These choices are often tailored to each spouse’s earning ability, future plans, and comfort with risk.
Child related expenses can also influence how debts are divided. A parent who will have the children most of the time often faces higher day to day costs, from food and clothing to activities and transportation. Courts and negotiators may account for this by assigning that parent less of the marital debt or by increasing child support or alimony to offset the burden of any debts they do take on. Coordination is important, so that the combination of debt payments and support obligations does not leave either parent without enough to live on.
When we advise clients in Collier and Lee Counties, we look at the entire financial picture. We consider income, budgets, needs, and long term stability, then help clients evaluate how different combinations of support, property, and debt will play out over time. That approach reduces the risk that a short term win on one issue, like keeping the house, turns into a long term strain because the total package is not sustainable.
Practical Checklist: What to Do About Debt Before You File in Naples
If you are thinking seriously about divorce but have not yet filed, there are steps you can take now to make the process smoother and to protect your financial future. The more information you have about your debts, the better prepared you will be for conversations with your lawyer and negotiations with your spouse. You do not need to have all the answers before meeting with us, but gathering good information puts you in a stronger position from day one.
Start by making a list of every loan and credit account you know about, including mortgages, home equity lines of credit, car loans, personal loans, credit cards, and store cards. For each, note the lender, the approximate balance, the minimum payment, and whose name is on the account. Pulling a current credit report can reveal forgotten accounts or co-signed loans. Save copies of recent statements, since those can help show how the accounts have been used.
It also helps to track who is currently paying which bills and whether any accounts are already behind. Monitoring for new charges or new accounts opened in one spouse’s name without the other’s knowledge is important, especially during a period when trust is low. At the same time, avoid reacting in ways that create bigger problems, such as suddenly maxing out cards, draining joint accounts, or closing everything overnight without a plan for immediate expenses.
When clients come to Family First Legal Group early with a clear debt snapshot, we can use that information to build a thoughtful strategy tailored to Naples courts and local financial realities. That might include advice on which accounts to freeze, which to keep open temporarily, how to time a home sale or refinance, and what documents you will need to support your position on marital versus non-marital debts. Good preparation at the start can save significant stress, time, and money as your case moves forward.
Talk With a Naples Divorce Team About a Debt Strategy That Works
Debt splitting during a divorce in Naples can feel intimidating, but once you understand how Florida treats marital and non-marital debts, how creditors view joint and co-signed accounts, and what options you have for mortgages, car loans, and credit cards, the picture becomes clearer. With the right plan, you can reduce the chances of being surprised by an ex spouse’s unpaid bills and put yourself on firmer financial footing for life after divorce.
No two debt profiles are exactly the same, and the choices that make sense for one couple may be risky for another. Meeting with a family law team that regularly handles divorces in Collier and Lee Counties gives you the chance to review your specific accounts, explore realistic options, and design a strategy that fits your income, goals, and tolerance for risk.
If you are ready to talk through your options for debt splitting in a Naples divorce, we invite you to contact Family First Legal Group for a confidential consultation. Call (239) 319-4441 today.