Akron, OH asked in Contracts, Divorce, Family Law and Banking for Ohio

Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

2 Lawyer Answers
Todd B. Kotler
Todd B. Kotler
  • Canton, OH
  • Licensed in Ohio

A: Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the incursion, the beneficiaries or purpose of the debt, and whether some third party was enriched.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Business Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the spouses.

To avoid taking on separate debt incurred during the marriage, it is recommended that you enter into a prenuptial agreement before marriage, or a postnuptial agreement after marriage (which Ohio now allows).

Todd B. Kotler agrees with this answer

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