Legal Question in Civil Litigation in Illinois
prenuptial agreement protection
Can a prenuptial agreement protect husband's assets if his wife becomes a defendant and gets sued in a civil case for recovery medical bills. Defendant (wife) struck a crazy man on highway with her rental car while doing speedlimit but is moneyless.
1 Answer from Attorneys
Re: prenuptial agreement protection
If the antenuptial agreement included language protecting each spouse's assets from judgments entered against the other spouse, then perhaps yes. But antenuptial agreements are designed to protect spouses' assets upon dissolution of the marriage, so it is unlikely an antenuptial agreement is relevant in the situation you describe.
Of course, if a judgment is entered against the wife, it is the wife's obligation to pay the judgment, not the husband's. But if the wife doesn't pay it and a wage garnishment will not be enough to pay the judgment, they will go after any other assets she's got, which will include marital property. Therefore, it's in the husband's best interest (and in the interest of marital peace) to help his wife satisfy any judgment entered against her.