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Am I responsible for the debts of my spouse?

Most states have laws that a spouse is responsible for both spouses' 'necessities' of life. What constitutes a necessity can vary, but generally it is interpreted to mean shelter, food, and health care. Sometimes couples will keep separate accounts. However, these accounts will remain subject to obligations for 'necessities'.

You are generally not considered responsible for a spouse's debt, if the debt was incurred prior to your marriage. Individuals contemplating marriage may have accumulated substantial assets, debts, or have responsibilities for children from a prior marriage.

A Prenuptial Agreement can be very useful in identifying how each of you will handle these prior obligations, and obligations that may be incurred during the marriage, and upon the death of one spouse or divorce.

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This content is for information only and may be incomplete. It is not intended to be legal or tax advice.
You are encouraged to consult with your own attorney, accountant or other advisor.


Arthur Miller Legal Help Videos


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