Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default SSDI Garnishment for Spouse's Premarital Debt

    I have been on SSDI and long-term state disability for a few years. Recently, I married someone who has received 30% partial VA benefits for many years. Prior to our marriage, he has previously been incarcerated, owes restitution to the state courts, owes IRS bills, and owes for unpaid school loans. My questions are:

    1. Can any of his debt, which was incurred prior to our marriage, be garnished from my assets or my SSDI?

    2. To what extent can those entities garnish HIS partial VA benefits?

    3. To what extent must I comply with furnishing MY own personal information to those entities inquiring about HIS debt?

    In expectation of these issues, my husband and I made a legal premarital agreement that all of or finances and assets, both prior to marriage and after marriage, would remain separate.

    I don't want his personal business to be reflected on my credit, etc. and I cannot afford to pay off his debt. What can I do to keep our information separate with the credit agencies?

    His debt is more than I expect he could ever pay off, although he has been trying hard and putting all his income towards that end. He has worked hard, but at age 55 and still being disabled, I don't know how he can complete the payments. To what extent could his debt be discharged in bankruptcy, and how could I keep his bankruptcy from affecting me financially?

    Thanks
    NOexpert

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: SSDI Garnishment for Spouse's Premarital Debt

    You didn't list your state.

    He can file bankruptcy alone, without you. You and him should consult one and go together. The initial consult should be free. Most of the stuff that you listed isn't normally dischargable but there are exceptions to the rules. There are so many variables here.

    Until you get further legal advice, I would not stick your name on any account with him. Like a checking (although, it sounds as if you've kept everything seperate) account. I would also offer none of my information to them.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Division of Assets With Premarital Property, Disabled Spouse
    By Warrene in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-04-2011, 01:30 AM
  2. Debt Collectors: Potential for Wage Garnishment After My Spouse Defaults on Debt
    By victor5555 in forum Student Loans
    Replies: 1
    Last Post: 02-15-2011, 04:54 AM
  3. Foreclosure: Can New Spouse Be Liable For Premarital Property In Foreclosure?
    By redncgrl in forum Real Estate Finance
    Replies: 1
    Last Post: 05-14-2008, 06:51 PM
  4. Debt Collectors: Wage Garnishment For Spouse's Debt
    By ssolomon in forum Student Loans
    Replies: 1
    Last Post: 01-31-2008, 11:44 AM
  5. Am I responsible for his premarital debt?
    By Nat1alee in forum Marriage and Civil Unions
    Replies: 1
    Last Post: 03-02-2006, 09:13 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document