Quote:
Originally Posted by JMurder3
I'm a former Florida lawyer & current Nevada family law attorney - so not really an expert on this more than tangentially.
In NV student loan debt is separate debt, but I'm pretty sure you are correct that in FL all debts, including student loan debts, incurred during the marriage are marital debts.
The FL judge may, in their discretion, make an unequal distribution of the debt if the financial situations of the parties so dictates, but the judge isn't obligated to.
I mean I'd be fine with it being split up equally as debt, but then she should get a share of his income to pay it off with too. I know someone going through this now, although it's only the last semester and he keeps threatening her that he's going to go after her for the one semester, for her to pay half.
Related, another friend of mine in Florida has been holding out for the 17 years when you get permanent alimony. This seems statutory, if the marriage is 17 years you get permanent alimony, doesn't matter if she can work or whatever. They almost changed this rule to a formula, but DeSantis vetoed. Now she is told by her lawyer that she may not get it and they aren't going to try for permanent. The rule seems pretty clear cut, 17 years, you get it. How do judges get around this? She mentioned that her lawyer said the income earner will often drag this out for 5 years or whatever, so just not worth it. I wasn't 100% clear if she meant her lawyer said she isn't a good candidate for it, or just that it's not practical to try.