Legal Question in Family Law in Wisconsin
Debt before marriage
In Wisconsin is a wife liable for the bad cretid card debit that the husband incurred before marriage?
1 Answer from Attorneys
Re: Debt before marriage
The short answer is "no," but, as usual, things are
a bit more complicated than that. Even though it
is not a marital debt under the Wisconsin Marital
Property Act, any spouse's interest in the marital
property of the other is still available for the
satisfaction of a separate, non-marital debt. Therefore,
the debtor spouse's marital interest in the wages
of the non-debtor spouse are liable. This means that
the marital wages of the non-debtor spouse are
still subject to such things as garnishment by this
creditor. Non-marital property (such as a well documented
inheritance which has not been comingled with other
funds), however, is not subject to such a garnishment.
Hope this helps! Our marital property law is something
of a morass in this regard. I would need to know
more about the exact situation to give you any serious
advice--don't even know if you're still married to
the person. If not, then your new wages are in the clear!