Each state's domestic relations laws encourage divorcing spouses to divide their assets and liabilities without judicial interference. However, courts will divide spousal property and debts when spouses are unable to agree upon their division. In Florida, when a separated spouse dies before the other spouse, credit card companies cannot seek repayment from the surviving spouse if the card was individually owned.
Probate Overview
According to the Florida probate laws, executors or administrators are personally responsible for administering a decedent's will and most outstanding debts from his estate. Florida law allows executors and administrators to liquidate a decedent's assets to pay remaining debts. Creditors, including credit card companies, cannot seek repayment from surviving spouses, unless they established joint accounts. If a card is not jointly owned, the deceased spouse's estate is solely liable for repaying the credit card company.
Marital Property Overview
Marital property is property jointly purchased during marriage. Separate property is property purchased or earned before the marriage and after the date of separation. Separate debt is debt accrued before marriage and after the date of separation.
A common type of separate debt is student loan debt. In Florida, similar to other equitable property states, judges will require that each spouse remains solely responsible for paying student loan debt after divorce. However, judges treat marital debts differently. Credit card debts may consist of separate debt, marital debt or a combination of both. Marital debt is debt accumulated during the marriage, regardless of whether only one spouse's name was on the card.
Joint Credit Cards
If a credit card is not jointly issued but individually issued to one spouse, while the other was an authorized user, both will remain liable for repayment for marital debt. Florida is an equitable property distribution jurisdiction. In equitable distribution states, judges will divide marital property equitably. Similarly, even if only one spouse accrued the debt, and the other spouse never used the card, Florida courts can order that both spouses remain jointly liable for repayment if the debts were incurred while they were still married. Each spouse is financially responsible for repaying marital debts.
Severability of Claims
Although Florida courts can order both spouses to remain jointly liable for repayment, credit card companies cannot seek repayment from both spouses, unless they both applied for the card and they established a joint account. As such, if one spouse stops paying a credit card company his share of the court-ordered repayment, the other spouse can hold him in contempt of court. However, the paying spouse cannot require a credit card company to seek repayment from the other spouse pursuant to the court order. The "innocent" spouse's only remedy is to request a judicial enforcement of the existing court order.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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