Marital Debt-Prenuptial Agreement

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WI Court of Appeals – District III

Case Name: Mary Ann Rudie v. Kevin Paul Rudie

Case No.: 2021AP001892

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Marital Debt-Prenuptial Agreement

In early 2014, Mary Ann was granted a judgement of divorce from her previous husband and, in May of the same year, Mary Ann purchased a home in Marshfield with $240,000 in cash that she had been awarded from the divorce settlement. Kevin moved into the home, and that fall, Mary Ann and Kevin discussed marriage, but Mary Ann was reluctant to marry so soon after having been divorced. Using a form from a legal forms website, Mary Ann drafted a prenuptial agreement in an attempt to secure her individual interest in the property she brought to the marriage. The prenuptial agreement provided, in part, that in the event of the parties’ separation/divorce: (1) the property belonged to Mary Ann, and Kevin would not make any claim on the property; (2) Kevin would pay half of all bills, including property taxes on the property, until its sale; and (3) “all monies from the sale [of the property would] belong to Mary Ann.” Mary Ann Rudie appeals the debt allocation portion of a judgment dissolving her marriage to Kevin Rudie. Mary Ann argues that the circuit court erred by nullifying both a prenuptial and postnuptial agreement as unenforceable. Mary Ann also contends that the court erroneously exercised its discretion by deeming her responsible for all of the debt incurred during the marriage. The appeals court rejects Mary Ann’s arguments and affirms the judgment.

Affirmed.

Decided 01/18/24

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