Can a couple maintain different bank account once married?

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:

The debtor/reporting agency is not bound by your agreement, as they were not a party to the agreement. Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.

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.

FAQs

Yes, you can get married without combining finances. Many couples choose to keep their finances separate by maintaining individual bank accounts and credit cards. This arrangement allows each spouse to manage their own debts and assets independently. It's important to communicate openly about financial expectations and responsibilities to avoid misunderstandings.