Is Soon-to-be Spouse Liable for Debts Incurred Prior to Marriage?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I am engaged to get married to a woman who is a citizen of Poland. I am a citizen of the United States. We presently live in Poland and are planning to get married in New Orleans, LA.

My question is: Upon marriage, does my spouse-to-be become liable for my debts incurred prior to our marriage? My debts include the IRS as well as Student Loans. If law dictates that she does become liable, is there a prenup that we could get that would prevent her from becoming liable? Also, does this prenup need to be done in the US or Poland or both?”

Generally speaking, a new spouse is not responsible for the debts of the other spouse that were incurred before marriage.  That said, however, Louisiana is very different from all of the other states, and their laws are often not the same as the other states.  For that reason, you should consult with a family law attorney in the state of Louisiana.