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Florida Law - At What Date Do Debts Become Separate? Debts become separate normally on the date the parties physically separate. In general, the date parties physically separate is the date one party moves out without returning. However, the court has a lot of discretion in terms of allocating debts between the parties at the time of the property division. The safe approach is to expect to pay your own debts that you run up after the separation, but also not to encourage your spouse to run up unnecessary debts before the divorce either. Note: If your name is on the credit card, you are still legally liable to pay the debt. The court may state that the debt is your spouse's separate liability. But that only settles matters between you and your spouse. That is, if you pay the debt, your spouse will have to reimburse you. But as between you and your credit card company, you are still on the hook. Cases: Beaty v. Gribble (1995) 652 So2d 1156 (husband's appraisal fees and medical expenses incurred after the separation are his nonmarital debts).
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