Just like some are content with one beer and others are not, some can spend responsibly and others are swipe-happy with their credit cards. If you're a responsible spender, and you're married to a swipe-happy person, you may be suffering financially because of it. In fact, many decide to bring their marriages to a close because of their spouses' out-of-control spending habits. When one spouse racks up large credit card bills, however, the other spouse might might wonder how will this debt will be divided in divorce and will the false quality of life made possible by the debt affect child support amounts?
The majority of debts and assets that spouses accumulate during their marriages will be a part of the marital estate and divisible. However, if one spouse is clearly out of control with his or her debt accumulation habits – and especially if that debt wasn't used to benefit the family – a family law court may side with the more fiscally responsible spouse when divvying up that debt. In other words, the swipe-happy spouse may have to keep the irresponsibly accumulated debt in his or her name during the asset division process.
The issue of living above one's means through credit-card debt could also come into play if the spouses fall into a debate over child support amounts. In most child support cases, a family law court will try to ensure that the children maintain a similar quality of life to that which they enjoyed during the marriage. However, if this quality of life was only achieved by overspending through credit-card debt, the court will not award a level of child support that the moneyed spouse can't afford to pay.
If you're concerned about how your spouse's debts will be divided in your divorce, and how a false quality of life made possible through debt could affect your child support, make sure you understand the Florida state family laws that could come into play during the litigation of your case.