Can a prenup protect you from a partner’s debt?

Maybe you're seven months out from your wedding when you discover your fiancé has $45,000 in credit card debt (an actual Reddit post we came across). Or maybe you're wondering whether you're on the hook for a personal loan your partner took out for a home renovation you did together. Either way, here's what you need to know about your partner's debt.

Generally, debt brought into a marriage stays with the person who took it on. But things can get more complicated when a spouse takes on debt after getting married. In community property states, debts incurred during the marriage may be considered community debts, meaning both spouses can potentially be responsible for them (even if only one spouse took on the debt). The rules vary by state and can depend on the type of debt and how it was incurred.

So where does a prenup come in? Could it protect you?

Couples have prenups for many reasons, but much of it comes down to discussing financial goals, avoiding additional legal work in a divorce, maintaining control over financial outcomes and avoiding a state's default divorce laws.

A prenup can help keep each spouse's individual debts separate, potentially protecting you from being responsible for your partner's debts (and protecting your partner from yours). A prenup can also establish that certain assets remain separate and spell out how debts will be handled during the marriage or if the couple divorces. To provide this protection, the agreement should clearly address each person's separate and marital debts and assets.

But a prenup doesn't necessarily stop creditors from coming after assets. Whether a creditor can go after jointly owned property or other marital assets for one spouse's debt depends on the state you live in, the type of debt and how the property is owned. In some cases, a creditor may be able to pursue a spouse's share of jointly owned property even if the debt belongs only to the other spouse.

One of the easiest ways to get a prenup is to work with a lawyer, though it's also one of the more expensive options. Each partner typically needs their own attorney, though some states may allow one partner to represent themselves. You'll provide information about your assets and liabilities, discuss any provisions you'd like included, then review, sign and notarize the agreement.

A lawyer can tailor the prenup to your situation and state's laws and help ensure your provisions are legally enforceable. Costs vary based on location and complexity, so you may want to factor the expense into your wedding budget.

Neptune offers a $5,000 flat-fee prenup package and its online process helps couples work through their financial priorities before connecting with two independent attorneys, one for each partner. The attorneys provide legal advice and work on the agreement, with Neptune coordinating the process remotely.

A potentially lower-cost option is to use a platform that specializes in prenups or an online legal service.

HelloPrenup charges a flat $599 per couple for its online prenup. Couples can add services such as notarization, attorney Q&A or full attorney representation for an additional fee. Full representation, including an attorney for each partner, costs $699 per partner.

LegalShield takes a different approach. It offers a broader range of legal services through a monthly membership, with plans currently ranging from $39.95 to $59.95 per month when paid monthly. Its Advanced and Premium plans include help preparing a prenup agreement, though the service has eligibility requirements, including a 180-day waiting period.

Prenups primarily address financial matters during and after a marriage. They can cover:

• Property each spouse owned before the marriage
• Property acquired during the marriage and how it will be classified or divided
• Retirement accounts and benefits, subject to federal and state laws
• Responsibility for debts incurred before or during the marriage
• Alimony or spousal support, subject to state law and court review
• Certain inheritance and estate rights, which can be especially important if one or both spouses have children from a previous relationship
• Ownership and division of a business started before or during the marriage

A prenup gives couples more say in how they handle many financial issues instead of simply defaulting to their state's laws. That flexibility is what makes prenups so customizable. For example, a couple could agree that a business started during the marriage belongs solely to the spouse who starts it, or that certain assets should be split 60/40 instead of 50/50.

That said, a prenup can't override every law or prevent third parties, like creditors, from pursuing a debt. Some provisions may also have additional requirements or be subject to court review.

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