' Can My Wages Be Garnished for My Spouse’s Debt? - Law Offices of Robert M. Geller, P.A.

Can My Wages Be Garnished for My Spouse’s Debt?

can my wages be garnished for my spouse's debtMarriage is a partnership that often extends to financial issues, including debt. Unfortunately, not all spouses see eye to eye on debt.

If your spouse is struggling with debt they can’t afford, it’s stressful to think about the possibility of losing a portion of your hard-earned income.

What should you know about how your spouse’s debt can affect you and your income?

Individual vs. Joint Debt

First, it’s important to understand the difference between individual debt and joint debt. If your spouse has debt in their name only, then the creditor cannot garnish your wages.

If the debt is in both of your names, both of your wages are at risk of being garnished to pay off the debt. In many cases, the difference between joint and individual debt is a matter of when the debt was accumulated. Often, debt accumulated during the marriage is joint debt. Debt brought into the marriage is individual debt even if it exists during the marriage.

There are exceptions to this rule and Florida courts consider debt on a case-by-case basis.

What is Wage Garnishment?

Wage garnishment is a court-ordered action that allows a creditor to collect a portion of your wages directly from your employer to partially or fully pay off your debts. Your employer deducts the amount specified by the court and sends it directly to the creditor.

It’s an opportunity for a debt collector to get what you owe them without having to worry about whether or not you’ll pay. However, court permission must be granted before a creditor can garnish your wages.

Can You Prevent Wage Garnishment?

The good news is that there are some scenarios in which you can prevent wage garnishment.

One way is to negotiate a payment plan with the creditor. If they agree to a new plan, you can make payments that work with your budget and avoid garnishment.

Another way to prevent wage garnishment is to file for bankruptcy if you and your spouse’s debt is overwhelming. Filing for bankruptcy may automatically stop wage garnishment. However, it’s essential to talk to a bankruptcy attorney to help you understand what options are available for your current situation.

You can also request that the court determine whether you’re responsible for your spouse’s debt. If the court rules in your favor, they won’t allow the collector to garnish your wages.

To learn more about wage garnishment laws in Florida, check out this information from NOLO.COM.

Keep in mind that wage garnishment is a serious issue. If you have questions beyond the general laws related to wage garnishment or if you have been threatened by a creditor in relation to your spouse’s debt, you should contact an attorney.

For more information or to learn more about wage garnishment in Florida, contact the Law Offices of Robert M. Geller at 813-254-5696 to schedule a free consultation with an experienced attorney.


Video Testimonials

Tampa Bankruptcy Law Blog

How to Get Out of Debt: Exploring Your Options

Debt is a pervasive issue that affects millions of people worldwide. It is hard to escape debt, especially if you...
Read More

How Will Bankruptcy Affect My Child Support Obligations?

Parenting can be tough, and it's even harder when you're facing financial difficulties. Struggling with debt and bankruptcy can cause...
Read More

Student Loans: Is Discharge in Bankruptcy Possible?

Student loans have become a necessary evil for most students to pursue higher education. The cost of education has increased...
Read More

Should I File Bankruptcy for Credit Card Debt?

Credit card debt can be a huge burden on our financial lives. The pressure to make payments, maintain balances, and...
Read More

Can Bankruptcy Stop Wage Garnishment?

Wage garnishment is a legal process in which a creditor can collect a debt by receiving a court order that...
Read More

Bankruptcy Guide: How It Works, Types, and Consequences

Dealing with money problems can be a stressful and overwhelming experience. Sometimes, debt can become unmanageable, and it may feel...
Read More

What to Say to Someone Going through Financial Problems

Financial problems can be one of the most stressful experiences a person can go through. If you know someone who...
Read More

How Do People Get Into Debt?

How do people get into debt? Are you struggling with debt? Do you feel like the weight of your financial...
Read More

Don’t Fret About Debt

Debt can be a huge source of anxiety and stress for anyone. Whether caused by an unexpected medical expense or...
Read More

2023 Bankruptcy News

Bankruptcy is a concern for many people. For some, debt is a grim reality that affects all aspects of their...
Read More


For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More


We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation


Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions