Can I be held financially responsible if my husband gets sued?

UPDATED: Aug 27, 2011

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Can I be held financially responsible if my husband gets sued?

I waived all of my marital rights in a prenuptial agreement. He lives in my home. We do not have any marital assets or joint accounts other than he and his children being added to my health insurance through my employer. He owns a business and covers his children’s auto insurance through his policy. Am I at further risk if he adds me to their auto insurance?

Asked on August 27, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The laws of most states are that debts of a person before he or she get married are the separate property of that person and are not the responsibility of any spouse that is married to later on for payment. However, in such an event, the marital estate may be responsible for one-half of the personal debt of the one spouse under the laws of a particular state.

If your husband gets sued while you are married, one-half of the marital estate could be subject for payment of any judgment resulting from any such lawsuit.

If you are placed on your husband's automobile insurance as an additional insured, the placement is a benefit for you in that you are named as an additional insured which would help reduce any possible personal liability to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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