Garnishments and Marrige
I just got married and my wife has bad credit and garnishments. Can someone come after me to collect debits? Will my prenuptial agreement protect me?
1 Answer from Attorneys
Re: Garnishments and Marrige
Wisconsin is a Marital Property state. Debts incurred
in the interest of the marriage may be satisfied out
of marital assets. Pre-marital debts remain the
obligations of the spouse that incurred them, but
one-half of "marital property" may be taken to pay
such obligations. Most people are surprised to learn
that marital property includes earnings.
Properly drafted premarital agreements, coupled with
appropriate estate planning documents can protect
one spouse and properly classified assets from the
grasp of the other spouse's creditors.
I would suggest that you be sure to screen the counsel
you select to assure that such person is well versed
in Wisconsin Marital Property Law.