Legal Question in Family Law in Kansas

My boyfriend and I want to get married, but I have a lot of debt. So naturally, we are holding back on getting married because we don't want for him to also be responsible for my debt.

Is there some sort of document/affidavit/pre-nup agreement, etc. for tjhe state of Kansas (or in the U.S.) that can protect him from my debt if we WERE to get married?


Asked on 5/26/10, 1:10 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Your personal debt stays your personal debt after you get married. If the creditor obtains a judgment against you, that creditor can garnish your bank accounts and your wages. They cannot garnish your husband's wages or bank accounts. If you and your husband pool your money into a bank account, that entire account may be subject to garnishment by your judgmetn creditors.

If you enter into a prenuptual agreement it would account for you to repay your husband (upon divorce) for any of his money that was garnished by your creditors. That does not seem to be exactly what you are looking for, although someone advising your fiance might say it is in his interest to get such an agreement.

Good luck

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Answered on 5/27/10, 1:03 pm


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