What Spouse Is Responsible For A Debt That Was Not Decided In The Original Divorce Action In Pasco County, Florida?
Your divorce decree should address all marital debts. Marital debts are normally those debts that are acquired during the marriage, regardless of which spouse’s name they are in.
The debts may be split equally in the divorce, or one spouse may be responsible for more of the debts, if he or she gets a larger property settlement, makes a much higher income, or was responsible for accumulating those debts by spending in a reckless manner.
If you discover a debt that was not addressed in your divorce decree, you have a few options. You should approach your ex-spouse to ask if you two can pay the debt equally. It’s possible that your divorce decree has a general provision that states that all marital debts that are not otherwise mentioned in the decree are split equally.
If your spouse refuses to pay his or her half, and your divorce decree provides that your spouse is responsible for half of all marital debts, you can take your spouse to court for enforcement proceedings for failing to pay his or her half of the debt.
You should also contact the creditor to let the company know what has happened. Credit card companies and other creditors exist to make money, and if your name is on the account they will try to collect from you, regardless of whether your spouse is responsible for half or not. If you fail to pay, your credit score will probably take a hit.
If you have the money, you may consider paying off the debt and then suing your spouse for half.