Throughout history, the purpose of marriage between two people has continually and drastically changed. The concept of marriage was originally developed with the purpose of merging clans and their lands. As society has developed civilly, our motives to enter marriage have reflected those changes. Now, the idea of marriage is persuaded by the, arguably less practical, ideal of loving someone for the rest of your lives. But one thing has remained consistent about marriage the entire time: Marriage is a legally-binding contract between two people.
While most people understand that marriage is an agreement between two people, hardly any are privy to the “terms and conditions” of Marriage they are signing. Despite the lengthy statutes that define marital obligations and responsibilities and court rulings that expand spousal rights and protections, many people say “I do” on their wedding day completely oblivious to the legal obligations, rights, and protections assumed.
For example, it is rare that someone entering marriage comprehends the assumed responsibility for their spouse’s debt and living expenses. Even if a spouse has not directly participated in acquiring the other’s spouse’s debt, under legal theories such as “the doctrine of necessities,” liability may still be assumed especially if the liability is incurred for necessary expenditures like medical servicees. Under the doctrine of necessities, a spouse is obligated to provide for the necessary expenses of their spouse and may be held liable by creditors, regardless of their role in incurring said “necessary” debt.
From the moment parties say “I do,” there is a formation of a marital estate. Property owned prior to the marriage generally remains “separate property,” while all income, assets, debts, and property acquired during the course of the marriage is marital. Regardless of who’s name is on the title, account, or other ownership document, in the event of a divorce, marital property is subject to division amongst spouses.
Additionally, except in the instance of prenup or premarital agreement stating otherwise, a spousal support obligation is assumed on the date of the wedding. Depending on many factors such as identifying a dependent and supporting spouse, the standard of living established during the marriage, and a spouse’s ability to pay, one spouse may be on the hook for paying spousal support upon separation or divorce.
In totality, marriage is the most legally significant decision a person can make and can be done with relative ease. In consideration of the numerous obligations imposed and responsibilities assumed, it is critical to know what you are signing up for when you get married. Considering consulting with a family law attorney before your walk down the aisle.
If you or somebody you know wants to learn more about premarital legal counseling, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Jordan Wideman is a compassionate family law attorney at Modern Legal, driven by a lifelong passion for helping others. Coming from a family rooted in public service, Jordan brings empathy, strength, and dedication to every client. A proud first-generation attorney, Jordan uses personal experience and deep community ties to guide families through their most important challenges—because to Jordan, family is defined by love, not just blood.
