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However, liability is often shared when two people marry.  For example, if a husband is sued for an unpaid debt, the wife could have her wages garnished to pay the debt.  It’s well worth speaking to an attorney if liability is a concern before marriage, since a good Prenuptial Agreement can help address this issue.

Note that if you divorce, and you have shared debts with a spouse from a previous marriage, you are not relieved from these debts after the marriage ends.  This is because you both promised to pay, as a couple and as individuals, when you signed the loan or credit card agreement. Even if your divorce decree says that the other spouse is responsible, you still have a legal responsibility to uphold the original agreement you entered while married.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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