Marriage is about love, trust, and building a life together, but it also means sharing financial responsibilities. If your fiancé has significant debt, you may be wondering whether you’ll be responsible for it once you’re married. Can creditors come after you for money you never borrowed? What if your spouse racks up even more debt after the wedding?
The short answer is that a prenuptial agreement can absolutely help protect you—but only if it’s set up properly. Many couples don’t realize that without a prenup, Texas law may put them on the hook for financial liabilities they never agreed to take on.
Texas is a community property state, meaning that while debts acquired before marriage generally remain separate, debts accumulated during the marriage can become shared. That means if your spouse takes out loans, maxes out credit cards, or signs business contracts with personal guarantees, those obligations could potentially affect your financial future. Even if a debt is in your spouse’s name alone, a creditor may try to pursue community assets to collect on it.
This is where a prenuptial agreement comes in. A prenup can specify that any debts—past, present, or future—belong solely to the spouse who incurred them. It can also ensure that creditors cannot go after marital assets to satisfy one spouse’s individual obligations. Without these protections, you could find yourself in a legal battle over debt you never agreed to take on.
If your fiancé owns a business, a prenup is even more critical. Many business owners take out loans or sign personal guarantees to finance operations. If the business struggles financially, creditors could attempt to claim marital property unless a prenup clearly states that business-related debts remain separate. Without one, you might find yourself in a situation where marital assets—like a home, savings, or even future earnings—are used to cover losses from a failing business.
Beyond protecting against existing debt, a prenup can also address future debt. It can outline that any liabilities incurred during the marriage remain the sole responsibility of the spouse who takes them on. It can also set expectations for financial decision-making, such as requiring mutual consent before taking out large loans or opening joint lines of credit. This can prevent surprises and disputes down the road.
If your fiancé has significant debt, a prenup is one of the best ways to protect yourself. It’s not about mistrust—it’s about being proactive. Imagine years down the line, finding out that your spouse has accumulated tens of thousands of dollars in debt and creditors are demanding payment from your joint assets. Wouldn’t you rather have something in place that ensures your money and financial future are safeguarded?
Some people worry that bringing up a prenup will create tension in the relationship. The truth is, financial transparency strengthens marriages. A prenup forces couples to have open discussions about money, expectations, and responsibilities before walking down the aisle. If your fiancé is hesitant, ask them this: “Would you want to be legally responsible for my debt?” Most people would say no, and that’s exactly what a prenup is designed to prevent.
Debt is a reality for many couples, but it doesn’t have to put your financial security at risk. A prenup gives you the power to define financial responsibilities upfront rather than leaving it up to Texas’ community property laws. If your fiancé has debt and you want to ensure your financial future stays secure, talking to a Texas prenuptial agreement attorney is the next step. At Sandoval Family Law, we help couples in Austin, Texas, create fair, enforceable prenups that protect both parties while laying the groundwork for a strong financial future.
Considering a prenup? Contact us today to learn more about your options.
