Obligations of Spouses

Obligations of Spouses. (a) An obligation incurred by a spouse during marriage, including one attributable to an act or omission during marriage, is presumed to be incurred in the interest of the marriage or the family. (b) After the determination date: (1) A spouse’s obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from all marital property and all other property of the obligated spouse that is not marital property unless otherwise ordered by the court; (2) An obligation incurred by a spouse in the interest of the marriage or the family may be satisfied only from all marital property and all other property of that spouse that is not marital property; (3) An obligation incurred by a spouse before or during marriage that is attributable to an obligation arising before marriage or to an act or omission occurring before marriage may be satisfied only from property of that spouse that is not marital property and that part of marital property which would have been the property of that spouse, but for the marriage; and (4) Any other obligation incurred by a spouse during marriage, including one attributable to an act or omission during marriage, may be satisfied only from property of that spouse that is not marital property and that spouse’s interest in marital property, in that order. (c) This chapter does not alter the relationship between spouses and their creditors with respect to any property or obligation in existence on the determination date. (d) Provisions of a written consent signed by a creditor which diminishes the rights of the creditor provided in this section are binding on the creditor. (e) No provision of a marital property agreement adversely affects the interest of a creditor unless the creditor had actual knowledge of that provision when the obligation to that creditor was incurred. The effect of this subsection may not be varied by a marital property agreement. (f) This chapter does not affect the exemption of any property of spouses under other law. Source: PL 7-22, § 11, modified. Commission Comment: To enhance clarity, in subsection (b)(4) of this section, preceding “in that order,” the Commission deleted “and” and inserted a comma.