Full question:
When you get married, it is possible for your credit and finances to remain separate from one another? I have excellent credit and have a decent amount of money built up. Is there any way, in a prenup agreement, or elsewhere, where a person's credit and savings, be "safe" if the marriage or the spouses actions cause debt ?
- Category: Marriage
- Date:
- State: Illinois
Answer:
Generally, a spouse is not responsible for the other’s debts if the debt is from an individual account, and the spouse is not an authorized user, surety, guarantor, or cosigner. This is especially true if the couple does not live in a community property state. However, in community property states, the non-debtor spouse's assets may still be at risk. For instance, in cases like bankruptcy or divorce, creditors can pursue jointly held assets, such as a bank account in both names. If your spouse agrees to pay a joint credit card debt but fails to do so, you could still be sued for that debt. Laws vary by state regarding debt responsibility based on when the debt was incurred, who is the debtor, or the debt's purpose.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.