Legal Question in Family Law in Florida

Divorce

In the state of Florida, when getting a divorce, is a husband liable for charges made on a credit card that is solely in the name of his wife on purchases the wife made for the man with whom she is having an affair

Asked on 8/24/07, 10:04 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: Divorce

This is not a cut and dried rule of law. Debt incurred during a marriage, regardless of which party incurred the debt, or whether the card was in one party's name only, is marital debt for the purpose of the distribution of the marital assets and liabilities (equitable distribution).

However, with these facts, it is unlikely the husband is going to be made responsible for the wife's credit card debt if the issue goes to trial.

You should probably hire an attorney who is licensed to practice in Florida to help you.

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Answered on 8/24/07, 10:38 am

Re: Divorce

Marital money spent on an affair can be offset in equitable distribution. That would be determined in negotiation, mediation, or by the court. In the mean time, the person in whose name the credit card must make the payments.

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Answered on 8/24/07, 10:38 am


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