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

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“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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney

A house attorney has answered this question.