When a couple enters into divorce settlement negotiations, there are many issues that both parties need to deal with- many of them financial, such as alimony and child support, as well as debt and asset division. Child custody and other parenting issues are also important parts of the negotiation process. Yet there are some small details that Florida couples should not neglect to cover to have a successful and fair settlement.

For example, if one party assumes certain parts of the marital debts, the other party may want to request verification in writing to avoid any future problems. The party who does not take on the debt may want to have the paying party send a written notice when the debt is paid in full and the account is closed. Both of the parties should routinely check their credit reports to make sure that everything is in order.  

Because they are not tied to the divorce agreement, the couple’s creditors will usually try to get payment from both of the parties, no matter who has responsibility for paying the debt under the terms of the settlement. In one case, a credit card company called a woman, claiming that she owed them $14,000. When she did some research, she discovered that the debt was to have been paid by her ex-husband, according to their divorce agreement—signed twenty years earlier.

Joint debts may be negotiated during divorce mediation. If, however, the party that is supposed to pay those debts according to the agreement fails to do so, both of the parties may be held liable for their debt. It is, of course, important to have a written agreement. However, both parties must keep a close watch on those accounts to make sure the other party is paying the debt as promised. If the party who agreed to pay the debt fails to pay, the other party may take legal action to make sure that the settlement is enforced.