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Lawyer Lori
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2161
Experience:  Attorney - estate planning and probate.
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My husband and I are considering getting a divorce in the state

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My husband and I are considering getting a divorce in the state of Florida. We have separated and our charge cards are in our names separately. We do own a house together. Are we each responsible for each others debt, even though they are listed only in the name of the user? His parents gave him a large sum of money in bonds. The bonds were never cashed and they are in his name only. Are they part of the estate? Our daughter is starting college this fall. Is he responsible to help pay for anything ?

Lawyer Lori : Good morning. My name is XXXXX XXXXX I look forward to assisting you this morning.
Lawyer Lori : Any debts in joint names are XXXXX XXXXX responsibility. However, since you each have accounts in your own names, those are typically your own responsibility. But if the court finds that either of your credit cards were used for joint expenses, the court may order the other spouse to contribute to the repayment of the debt.
Lawyer Lori : As for the bonds, if they were given solely to him and he did not add your name to them or cash them and place the proceeds in a joint account, then they would remain his separate property and not be considered part of the marital estate.
Lawyer Lori : In Florida, child support typically ends when the child reaches the age of 18. It may continue until the child is 19 if the child is still in high school, but that does not seem to be the case here. Unfortunately, there is no law in Florida requiring him to contribute to college expenses. But, if he agrees to do so as part of the divorce, that agreement should be legally enforceable.
Lawyer Lori : Even though the bonds as separate property are not included in the marital estate, should alimony be an issue, they may be considered. Spousal support is generally ordered based upon one spouse's need and the other spouse's ability to pay. As part of that analysis, assets of both parties are taken into consideration.
Lawyer Lori : While this may not be the answers you were hoping for, it does represent the current status of the law in Florida.
Lawyer Lori : Please let me know if I can provide you with any further information or clarify anything.
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