Is a spouse responsible to repay a spouse's unsecured debt?

Asked over 3 years ago - Cocoa, FL

My spouse has incurred unsecured credit card debt and we are being harassed by a collection agency. This debt is an individual unsecured debt. Am I responsible for repaying this debt?.

Attorney answers (2)

  1. Jeffrey B. Lampert


    Contributor Level 19

    Answered . My colleague's response was short and to the point.

    Let me expand on that. As a spouse, you have NO obligation to pay the debts of your spouse unless you sign a guaranty--so watch out when you sign documents at a doctor's office, or a hospital.

    At one time, a husband was responsible for debts incurred by a wife for necessities of life, but the Doctrine of Necessities, whereby the husband would be responsible for debts incurred for medical bills, food, rent, transportation, etc., was stricken by the Florida Supreme Court in 1995 based upon gender bias in its application.

    No statute has been enacted by the legislature to reinstate the doctrine for both husband and wife.

    I hope you found this answer helpful.

    This response shall not be construed as the giving of legal advise, instead, it is a general response to a general question. This response is not intended to, nor shall it, begin an attorney-client relationship, nor does it create an obligation on the part of the attorney to respond to further inquiry.

  2. Gust G Sarris

    Contributor Level 14

    Answered . No.

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