If I remarry after a divorce, can my new spouse held liable for debts incurred previously?

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If I remarry after a divorce, can my new spouse held liable for debts incurred previously?

Asked on January 25, 2019 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The law makes a distinction between pre-marital debt and debts incurred after marriage. Debt incurred before marriage by one spouse does not automatically become the other spouse’s responsibility. Don't believe any creditor who states otherwise. That having been said, those debts can still possibly affect you. While the creditor can’t demand payment from you, it can garnish your spouse's wages or assets if they default on paying them and assets could include their half of any jointly owned property/accounts, etc.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor


The law makes a distinction between pre-marital debt and debts incurred after marriage. Debt incurred before marriage by one spouse does not automatically become the other spouse’s responsibility. Don't believe any creditor who states otherwise. That having been said, those debts can still possibly affect you. While the creditor can’t demand payment from you, it can garnish your spouse's wages or assets if they default on paying them and assets could include their half of any jointly owned property/accounts, etc.


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