Can I be held financially responsible if my husband gets sued?

I waived all of my marital rights in a prenuptial agreement. He lives in my home. We do not have any marital assets or joint accounts other than he and his children being added to my health insurance through my employer. He owns a business and covers his children’s auto insurance through his policy. Am I at further risk if he adds me to their auto insurance?

Asked on August 27, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The laws of most states are that debts of a person before he or she get married are the separate property of that person and are not the responsibility of any spouse that is married to later on for payment. However, in such an event, the marital estate may be responsible for one-half of the personal debt of the one spouse under the laws of a particular state.

If your husband gets sued while you are married, one-half of the marital estate could be subject for payment of any judgment resulting from any such lawsuit.

If you are placed on your husband's automobile insurance as an additional insured, the placement is a benefit for you in that you are named as an additional insured which would help reduce any possible personal liability to you.


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