Debts Accrued Before Marriage

Are you responsible for debts accrued by your spouse prior to your marriage? The easy answer is no, you are not responsible for paying back the debts of your spouse. Only debts incurred during the marriage (marital debts) will normally be considered as partially your responsibility.

Their are exceptions to this however. If you entered into a prenuptial agreement that states otherwise you may be bound by that agreement. Another possible exception is if a new loan was taken out in both your names to pay the old debt then you both could be held responsible for paying it back. All cases are unique though and discussing all possible options and outcomes with your divorce attorney experienced in Florida Divorce Laws will help you make decisions that are best for your future.

In some cases the “innocent spouse exemption” (Internal Revenue Service Form 8857) can be used for cases in which if your federal tax return is garnished, you could file exempt for your part of the refund.

An experienced attorney fighting for your rights is your most valuable asset when being faced with myriad laws regarding debt whether it’s “Marital Debt”, or debt accrued by your spouse before the marriage.

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