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Category Archives: Property Division

Marital Debt and Marital Misconduct

Where is the Dividing Line Between Marital Debt and Marital Misconduct?

By Sean Smallwood |

TL;DR In Florida, debts incurred during the marriage are usually marital debts and get split using equitable distribution, unless a valid prenup says otherwise. Separate property stays separate if kept separate. Typical examples are inheritances or personal injury awards that are not commingled. Student loans taken during the marriage are generally marital debt even… Read More »

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