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Woman stuck with ex-husband's debt after divorce despite prenup

Many people take their time before jumping into a marriage. However, other people in Colorado and others states are different and decide to take marriage like a roller coaster ride which can move fast but can also come to an abrupt stop. One woman did this when she married her husband after just four weeks of dating, but found herself in the middle of a divorce after three years.

The woman claims that the marriage started out wonderful, but soured after the first few years. On the other hand, before she married she did find the need to try to protect herself -- since marriage is not only an emotional union but also combines the financial lives of the parties. She and her husband signed a prenuptial agreement before officially tying the knot. Her main goals were to protect her 401K as well as the home which she owns.

However, things did not go as planned with the prenuptial agreement after the divorce. She was able to keep those items as planned, however she ended up with something else which she did not want. The woman found herself stuck with her ex-husband's $2,000 debt that he owed on payday loans. Since the prenuptial agreement was a contract between the woman and her husband, the creditor was not a party to the contract and therefore garnished the woman's wages.

It is possible the woman was not diligent in the discovery phase of her divorce case. This could have caused her to miss the debt her husband had incurred while they were married. However, despite this issue with the payday loans, this case still illustrates that prenuptial agreements can be effective for the most important assets in Colorado and other states. Although she has a $2,000 debt which she will have to deal with, the woman was still able to keep her home and her 401K because she decided to protect herself before marriage.

Source: azfamily.com, "Woman forced to pay ex-husband's debt," Liana Gonzales, July 30, 2013

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