Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays the mortgage on the marital home after separation, does that spouse receive credit for the mortgage payments? This was an issue in the case Haxel v. Haxel, 5D2024-0846 (Fla. 5th DCA January 16, 2026).
In this divorce case, the former wife moved out of the home, and the former husband continued to make the mortgage payments post-separation and until the final judgment was entered. The former husband had historically paid the mortgage during the marriage and was the primary earner. The final judgment granted the former husband a credit in the amount of the mortgage payments made post-separation, and the former wife appealed.
The appellate court reversed, holding “Husband received a $13,980.33 credit for payments that he made on the marital home after the parties’ final separation. But a court should not credit a spouse for making post-separation house payments when that spouse was the primary income earner generally responsible for paying the mortgage and other household expenses during the marriage. [. . .] Here, because Husband paid the mortgage without Wife’s financial assistance during the marriage, the court should not have credited him for continuing those payments after Wife moved out of the house. Therefore, we reverse that aspect of the dissolution judgment and remand for the court to enter an amended judgment. The amended judgment shall remove Husband’s house payment credit and make the corresponding adjustment to the equitable distribution of the marital home.”
This article is not legal advice; schedule your consultation with a Miami family law attorney for advice specific to your case,