Can a Prenup Protect You from Your Partner’s Debt?

Published on: 20 Mar 2025

Debt can be one of the biggest financial stressors in a marriage. Whether it’s student loans, credit card balances, business liabilities, or personal loans, many couples enter marriage with significant financial obligations. This raises an important question: Can a prenuptial agreement (prenup) protect you from your partner’s debt?

The short answer is yes—but only if the prenup is carefully drafted and legally sound. Without one, you could be responsible for debts you never agreed to take on. In this guide, we’ll break down how prenups handle debt, what happens if you don’t have one, and how you can protect yourself before marriage.

1. How Debt is Typically Handled in Marriage

Before diving into how a prenup can help, it’s important to understand how debt is normally handled when two people get married. Debt responsibility depends largely on state laws and whether the debt was incurred before or during the marriage.

1.1. Debt Before Marriage (Pre-Marital Debt)

• Generally, any debt your partner had before marriage remains their responsibility.
• If your spouse owes $50,000 in student loans from before the wedding, that debt is typically theirs alone—unless you agree to take responsibility for it.
• However, if you co-sign a loan or help make payments from joint accounts, you may become legally tied to the debt.

1.2. Debt During Marriage (Marital Debt)

• Any debt incurred during the marriage can be considered joint debt—even if only one spouse took out the loan.
• In some cases, a credit card or loan taken out in one spouse’s name can still be considered marital debt if it was used for shared expenses (e.g., rent, groceries, vacations).
• In community property states, debt acquired during the marriage is often shared equally, regardless of who signed for it.

1.3. Debt in Divorce

• In a divorce, courts divide debt just like assets, which means you could be held responsible for your spouse’s financial mistakes.
• If you don’t have a prenup, a judge may assign you a portion of your partner’s debt—even if you never agreed to it.

2. How a Prenup Can Protect You from Your Partner’s Debt

A well-written prenup can clearly define who is responsible for what debt and prevent financial liability from unfairly shifting to you. Here’s how:

2.1. Defining Pre-Marital Debt Responsibility

A prenup can specify that any debt acquired before the marriage remains separate and is the sole responsibility of the person who took it on.

✅ Example Clause:
"Each party shall remain solely responsible for any and all debts incurred prior to the date of marriage, and neither party shall be liable for the other party’s pre-existing financial obligations."

🔹 Why It’s Important: Without this clause, a spouse could argue that the other should help pay off pre-marital debts during the marriage, especially if joint funds were used.

2.2. Preventing Joint Responsibility for Future Debts

A prenup can also protect you from debt incurred during the marriage, particularly if your spouse tends to overspend or take financial risks.

✅ Example Clause:
"Any debt incurred solely in the name of one spouse after the date of marriage shall remain the sole responsibility of that spouse, and the other spouse shall not be held liable for its repayment."

🔹 Why It’s Important: This ensures that if your spouse maxes out a credit card, takes on business debt, or takes out a risky loan, you won’t be held responsible.

2.3. Protecting Against Business Debts

If one spouse is an entrepreneur or business owner, their financial risks could become your financial burden in a divorce. A prenup can shield you from being responsible for their business debts or legal liabilities.

✅ Example Clause:
"Any and all debts, liabilities, or obligations related to one spouse’s business shall remain the sole responsibility of that spouse, and the other spouse shall not have any obligation to satisfy such debts."

🔹 Why It’s Important: Without this provision, if your spouse’s business fails or gets sued, your joint assets or income could be used to cover the losses.

2.4. Avoiding Debt from Reckless Spending

A prenup can protect you from a financially irresponsible partner by ensuring that debts from gambling, excessive shopping, or financial mismanagement are not shared.

✅ Example Clause:
"Any debt incurred as a result of reckless financial behavior, including but not limited to gambling, extravagant personal expenditures, or other discretionary spending, shall be the sole responsibility of the spouse who incurred it."

🔹 Why It’s Important: If your spouse develops a gambling problem or racks up thousands in credit card debt, you won’t be legally responsible for paying it off.

2.5. Clarifying Responsibility for Joint Accounts

Many couples open joint bank accounts and credit cards, which can blur the lines between individual and shared financial responsibility. A prenup can define:

• Who contributes to joint accounts
• How joint debts will be handled
• What happens if the marriage ends

✅ Example Clause:
"Any joint accounts, loans, or debts acquired during the marriage shall be divided equally unless otherwise specified in writing by both spouses."

🔹 Why It’s Important: If your spouse takes out a joint credit card and overspends, this ensures that you’re not stuck paying off debt you didn’t agree to.

3. What Happens If You Don’t Have a Prenup?

Without a prenup, you may be legally responsible for debts you never agreed to take on. Here’s what could happen:

🔴 You Might Inherit Your Spouse’s Debt in a Divorce

• Courts may divide debt equally between both spouses—even if only one partner racked up the debt.

🔴 You Could Be Forced to Pay for Business Failures

• If your spouse owns a business and it goes bankrupt, courts may order shared assets to be used to cover debts.

🔴 You Could Be Stuck with Credit Card Debt You Didn’t Create

• If your spouse opens credit cards in their name but uses them for household expenses, courts may classify it as marital debt—forcing you to pay half.

4. Final Thoughts: A Prenup is Your Best Financial Protection

A prenup is not just about protecting assets—it’s about shielding yourself from unnecessary financial burdens. By clearly outlining who is responsible for what debts, you can ensure financial security and avoid unpleasant surprises in the event of divorce.

Thinking about a prenup? With prenups.ai, you can create a legally enforceable, fully customizable prenup—without expensive lawyer fees.

📌 Start your prenup today at prenups.ai and protect your financial future!