What are the financial aspects if a husband and wife are separated and the husband has medical bills and is very ill?

If my husband and I are legally separated but he won’t file for divorce and I don’t have the funds to pay for one. Now he is in the hospital being treated for Gilliam-Barre. He has been living with a girl for the past 2 years, so I need to know what legal aspects I need to take to ensure I am not the one legally responsible for any medical decisions regarding his health. I also need to ensure that the home we had together is not taken away from my daughter. What do I need to do? Also, I have primary custody of our daughter, she lives with me and visits him. He does pay child support but I need to find out steps to ensure she will still be taken care of before his girlfriend’s 4 children, who also reside with him.

Asked on September 7, 2012 under Family Law, North Carolina


Jon Welborn / Welborn Law Firm, PLLC

Answered 8 years ago | Contributor

I would advise that you do what you can to seek an absolute divorce first and foremost however depending on the circumstance you may still be exposed to some responsibility for medical bills that he incurred prior to the date of separation. 

Regarding welfare of your child I would advise that you contact the department of social services in your  county so they can inform you of your options considering your financial limitations. 

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