KidSide Newsletter May 2023
Divorce and Debt: Divorcing Couples Beware
Written by Adelmis Bohigas Naderpour, Esq. | abnaderpour@abnlawgroup.com
American household debt hit a record high at the end of 2022. A study by credit reporting agency Experian found that families with children have more total debt than the national average, and married couples tend to have double the debt of single individuals.[1] With average consumer debt for families on the rise, it is no surprise that most divorcing couples are concerned about who will be responsible for the payment of their debt following their divorce.
Florida is an “equitable distribution” state. This means that the debt either spouse incurs during the marriage is typically considered a “marital” debt subject to equitable distribution by the Court. Florida Statute §61.075 governs the equitable distribution of marital assets and liabilities in Florida. It provides that when dividing marital assets and liabilities, “the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution.” It also provides that debt incurred by either spouse prior to the marriage is “nonmarital” and not subject to equitable distribution by the Court. This means that a spouse cannot be held responsible for the payment of any pre-marital debt incurred by the other spouse prior to their marriage.
Married couples incur debt during their marriage in their joint and/or individual names. The debt might be secured or unsecured. A secured debt has property pledged as collateral for a loan whereas an unsecured debt does not. Secured debt in a typical divorce includes home mortgages and car loans. It might also include loans secured by equipment or inventory in those cases where a spouse owns a business, and properly recorded judgments or liens on real estate properties. If secured debt is not paid, the lender or lien holder may foreclose on the loan or lien and force the sale of the property pledged as security to pay off the debt. Unsecured debt typically includes medical bills and most credit card debt.
Join A KidSide Committee
KidSide is a volunteer organization and without our volunteers we would not be able to fund the court ordered services families and children in-need have to have to reunite their families. Getting involved with KidSide is as easy as joining one of our fabulous committees.
- KidSide Partners Committee
- Give Miami Day Campaign Committee
- Marketing & Communications Committee
- Havana Nights Nostalgia Committee
- Judicial Reception Committee
Renewing Partners
We are proud and thankful to have Richard J. Preira & Associates and SoberLink continuing their support and partnership with KidSide as Gold Partners. We also want to recognize Our Family Wizard who has renewed with KidSide as a Silver Partner. Thank you for your support!
Parent Testimonial
The testimonial below is from an anonymous patient who received therapy sessions paid for by KidSide:
I had the privilege to work with a very good therapist who gave me the knowledge and wisdom of how to handle what life throws my way. My therapist was so professional and kind. The virtual sessions went smoothly.
If it weren’t for Kidside I would never have been able to afford these services. I sincerely appreciate an agency that provides these services.
I am beyond thankful for the services funded by KidSide.
Your Donations At Work
Welcome To Our New KidSide Partners
KidSide is excited to welcome our newest Bronze Partner, Jeffery Law. Thank you for choosing to support KidSide as we continue to provide critical services to families in-need.
Havana Nights Nostalgia Returns
Thank You KidSide Partner
Looking to make a splash in the community to start the new year? Join KidSide as a partner and get recognized in the KidSide newsletter and on social media, plus other fantastic benefits. Thank you to all of our existing partners for their continued support of KidSide.
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