If a couple has a pre-nup and one spouse becomes ill and the expenses exceed the ill spouse’s means, is the other spouse liable?
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If a couple has a pre-nup and one spouse becomes ill and the expenses exceed the ill spouse’s means, is the other spouse liable?
Asked on August 4, 2011 Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Even though there may be a pre-nuptial agreement between two people, the agreement only pertains to disputes between themselves and their assets. The pre-nuptial agreement would have no binding effect upon any third party creditor for a bill that became owing during the marriage.
To answer your question, the creditor would be entitled to payment from the marital assets of the spouses even if the expenses exceed the ill spouse's means. Meaning, all assets generated or acquired during the marriage would be subject to the creditor for payment concerning your question regardless of the pre-nuptial agreement you have written about.
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