Legal Question in Family Law in New York
Debt prior to marriage.
I am getting married in two weeks. I live in NYC. I am also bringing in $10,000 of credit card debt to the marriage. The credit cards are destroyed and no further debt can be amassed. What is my fiance's liability should we get divorced. Can anyone come after her for my debt prior to the marriage? Do we need an agreement stating that I am the sole responsibilty of that debt, or does New York law already stipulate that?
2 Answers from Attorneys
Re: Debt prior to marriage.
Q. What is my fiance's liability should we get divorced.
A. Based on the limited facts in your question it seems that your fiance should not be held responsible for your debt.
Q. Can anyone come after her for my debt prior to the marriage?
A. It depends on whether she guaranteed or assumed the debt. However, generally the answer would be no.
Q. Do we need an agreement stating that I am the sole responsibilty of that debt, or does New York law already stipulate that?
A. A proper prenuptial agreement would be beneficial for all parties.
Mike.
Re: Debt prior to marriage.
If I were representing your spouse, I would advise her to have a prenuptial agreement prepared, regardless of what the law says.
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