How can a prenuptial agreement protect against debt?

By |2022-04-06T15:55:11+00:0007 Feb 2018|Categories: Prenuptial Agreements|


When a couple chooses to create a prenuptial agreement, they can use it to create a number of protections for each party. In some cases, these protections take effect as soon as the couple finalizes the marriage. One of the most useful protections that a prenuptial agreement offers couples is protection from each other’s debt.

Prenuptial agreements allow each spouse to determine which assets and liabilities qualify as marital property. Without taking steps to prevent commingling property, each spouse may become liable for the personal debt the other brings into the marriage, because debt is considered property. This might look like a creditor pursuing the property of one spouse to satisfy the debt of the other.

With some careful planning, a prenuptial agreement can allow both parties to protect against the debt of the other. In fact, a spouse can set aside certain debts as solely his or her property, and also set aside certain assets to protect them from potential divorce or estate planning complications that may arise if one party passes away and the other remarries. This is especially useful if one party owns a business or plans to start a business.

If you and your future spouse want to avoid many of the tensions that trouble marriages, especially if one or both of you carry significant debt, be sure to carefully consider all your options and create an agreement that protects and supports you both. An experienced attorney can help walk you through the process and ensure that your agreement can withstand scrutiny in court, keeping your rights secure.

Source: FindLaw, “Pros and Cons: Premarital Agreements (“Prenuptials”),” accessed Feb. 07, 2018

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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