We're in Tampa Bay in Florida. I want to marry my fiancé and have lots of student loans from before we met. How can I protect my fiancé from my debts created before we met? Will my fiancé’s salary affect my student loan status, such as being income contingent or getting a forebearance? We wanted to do a prenuptial agreement. Do prenuptial agreements need to be recorded somewhere? What are the options to keep our debts and our assets completely separate after we marry?
Personal Injury Lawyer
From a strictly legal point of view, your debts are your debts and his debts and financial dealings are his. In the context of divorce court all debt, assets and income are viewed equitably and so the lines blur and a court can order one to pay the other's debts. However, until that moment, legally your debts remain yours.
Yes, it is possible that a forbearance will be viewed less favorably in that you will have been married and live in a household where there are funds available to address your student loan obligation.
I do not practice in Florida so I can not advise as to any requirement of recording a prenuptial agreement. In my jurisdictions, these are private contracts and are not recorded. You should go to an attorney who is experienced in domestic relations to discuss the prenup. Courts regularly enforce the terms of prenuptial agreements where there is compliance with all of the requirements. However, this is one of the last things one should consider doing-it-yourself. Courts also reject prenups when and where entered into improperly.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Divorce / Separation Lawyer
I think a prenuptial agreement will take care of your situation as you can include terms regarding the separation of assets, debts, and income. In th Tampa Bay area, I would contact Stann Givens at 813-215-6700. Tell him I sent you.
This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship.
Stanton L. Cobb
Board Certified Marital & Family Law Specialist
Fellow - American Academy of Matrimonial Lawyers
P.O. Box 149223
Orlando, FL 32814-9223