Why a Prenup Needs to Include Debt

My team is extremely fortunate to get to work with so many successful Generation Xers.  Many of them have done phenomenally well in their careers, and then begin considering marriage at a much later stage in life toward their late 30s to early 40s. This often brings up the question when we do financial planning with them about whether or not it is a good idea to get a prenuptial agreement. There are pros and cons to getting this type of agreement, but the one important item many couples do not remember to put in these agreements when they execute them is what will happen with the debt.

Most couples remember to talk about the bank accounts, the retirement accounts, the family inheritances, the real estate, and the closely held businesses.  However, most people assume that all prenuptial agreements are only dealing with people who have significant wealth.  What happens when a couple gets married and you still have outstanding items such as student debt, auto-loan debt, and credit-card debt?  Even worse, what happens when more and more debt gets accumulated during a marriage from a couple who mismanages their finances and piles up a ton of debt?

The plain cold truth is that debt can be extremely crippling during a divorce, but is often forgotten at the time a prenuptial agreement is executed. Creating a smart debt clause in your prenuptial agreement that you are not liable for any additional debt created by your spouse or partner during the marriage can potentially help protect each of you from future obligations from creditors down the road.  Remember, that your FICO credit score is incredibly important for many reasons today from future loans to job employment.  Don’t overlook a debt clause when you do your prenup!

Written by: Ted Jenkin
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About the author  ⁄ Ted Jenkin @ Your Smart Money Moves

Ted Jenkin @ Your Smart Money Moves


My friends and family all think I’m a workaholic, but I say I’m just a guy that loves to help people do better in life.

My mother is still the only one that calls me by my real name Theodore Michael, my wife calls me Teddy, but for the rest of you it is just plain old Ted.

Ever since I was a little kid, I always loved money and being an entrepreneur. In fact, I still have cassette tapes of me talking to my grandmother at the age of five and my mother tells me all the time how much I played with money as a kid...

Read More About Ted Here

Ted Jenkin is a frequent guest columnist for the Wall Street Journal and Headline News Weekend Express. He is the co-CEO of oXYGen Financial. You can follow him on LinkedIn @ www.linkedin.com/in/theceoadvisor or on Twitter @tedjenkin.

Securities offered through Kestra Investment Services, LLC (Kestra IS), member FINRA/SIPC. Investment advisory services offered through Kestra Advisory Services, LLC (Kestra AS), an affiliate of Kestra IS. oXYGen Financial is not affiliated with Kestra IS or Kestra AS. Kestra IS and Kestra AS do not provide tax or legal advice.

The opinions expressed in this commentary are those of the author and may not necessarily reflect those held by Kestra Investment Services, LLC or Kestra Advisory Services, LLC. This is for general information only and is not intended to provide specific investment advice or recommendations for any individual. It is suggested that you consult your financial professional, attorney, or tax advisor regarding your individual situation. 

Background and qualification information is available at FINRA's BrokerCheck website.

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