Legal Question in Credit and Debt Law in Michigan

Re: Spousal responsibility for debts incurred PRIOR to marriage, not credit card

Generally, one spouse is not responsible for another spouse's debt's prior to marriage or otherwise, unless that spouse is a co-debtor, those debts are guaranteed by the spouse, or the debts are assumed by the spouse. Since I do not have the details of the debts you are talking about, I cannot give you an opinion regarding any potiential liability you may have personally. If you would like to discuss this in further detail, I provide free initial consultations so call me at 586-979-7302 and we can talk about what rights you may have. Good luck.

Janet Ziulkowski

Re: Spousal responsibility for debts incurred PRIOR to marriage, not credit card

There are certain circumstances in which spouses can be found to be liable for pre-marital debts, specifically when both parties have be co-signatories on debts or where it is found that both parties have somehow both received value for the debt, but in your particular circumstance I cannot see how the types of debts you mentioned would be inclusive. The danger, of course, is that they may be able to garnish your income or attach to assets, some of which may have benefits that are enjoyed by both of you.

Re: Spousal responsibility for debts incurred PRIOR to marriage, not credit card

This is the sort of thing that should have been worked out BEFORE marriage, but anyway...

You are never responsible for his child support, but understand that if you don't contribute in some way (in other words, by forefeiting money that would otherwise be used for your current family), he will go to jail. The debt remains with him until it is paid, which may make family planning difficult.

As for his medical bills, those too remain with him, but the difference is that the medical bills are dischargeable in bankruptcy. Child support is not.

Bills represent contracts: the child support is a contract written at birth of a biological child, and can't be waived. The mdeical bill is between the person who received the care and the medical facility.

In the event of divorce, he would be awarded all of these debts as non-marital debts. You shouldnot have to divide them so as to be responsible for them at all.

Note, however, that if the two of you take out a loan (e.g. a consolidatino loan), to pay these off and both of you sign for it, you will thereupon have take on the debt as your own.