99 Problems But Your Spouse’s Premarital Obligations Don’t Have To Be One

Spouses often vow to stick together through rich times and poor. However, that doesn't mean you have to take your mate's premarital financial commitments. Considering about 41 percent of first marriages end in divorce, it just makes sense to take precautions and protect your assets before (or even after) saying "I do." Here are two ways drawing up a pre- or postnuptial agreement can help you avoid being held financially responsible for your spouse's debts and obligations.

Avoid Paying Child Support

If your spouse has children by another person and is not the custodial parent, chances are good he or she is required to pay child support. Sometimes when the custodial parent learns the co-parent is getting (or has) married, the person will petition the court to increase the amount of the support order by trying to get the judge to include the new spouse's assets and income in the calculations. This can lead to you having to contribute to the monthly payments if your spouse can't afford the higher amount.

You can prevent this from happening by drawing up a pre- or postnuptial agreement that specifies what is separate property and what is community property. For instance, the home may be community property, but your retirement fund can be designated as separate property only owned by you. This will keep the court from including your assets in any child support calculations and may even prevent the co-parent from attempting to have the support order changed.

Avoid Being Liable for Debts

Another way a pre- or postnuptial agreement can protect you from your spouse's obligations is by preventing creditors from taking your assets to pay for the other person's debts. If you live in a community property state, any assets you acquire during the marriage are considered marital property. Because of this, creditors can go after your spouse's part of that asset's value. For instance, if you purchase a vacation home, creditors can put a lien on home and require you to pay them your spouse's portion of the home's value if you sell it at a later date.

Even separate property that you enter the marriage with may unintentionally become community property if you use commingled funds to make improvements on the asset or your spouse makes meaningful contributions to the asset that increases its value (e.g. renovate a collectible car).

Using a pre- or postnuptial agreement, you can clarify what is separate property and dictate how property acquired during the marriage should be handled (e.g. jointly or separately owned). You can also require your spouse to agree that any improvements he or she makes to your asset are considered a gift, as gifts from one spouse to another are generally always considered separate property.

For more ways a pre- or postnuptial agreement can help you avoid taking on your spouse's financial responsibilities or assistance with drawing up a contract, contact a family attorney.


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