If I have medical insurance and my spouse does not, do I have to pay for my spouses medical bills?
Question Details:
Does the answer depend on whether our financial assets are shared or separate? Must I divorce my spouse to avoid paying for her medical bills and going into bankruptcy myself, if we have separate assets?
Maine, like many other states, recognizes the doctrine of "necessaries," under which you could indeed be held liable to your spouse's health care providers. It doesn't matter whether or not your assets are held jointly or separately; however, if a creditor only gets a judgment against your spouse, and you have separate assets, they can't be reached on that judgment. The doctrine of necessaries would allow the creditor to sue you both, so that both names are on the judgment (and, therefore, even your separate accounts could be attached).
It isn't unusual, really, for a divorce to occur when extraordinary medical expenses are foreseeable, for just this reason. But I'd urge you to do that with a good lawyer's help, because a mistake can be expensive.
