Is my spouse responsible for my past medical bills if we divorce?

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Is my spouse responsible for my past medical bills if we divorce?

My spouse will not help me with my medical bills. If we divorce is he still responsible?

Asked on July 22, 2011 North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most States, the spouse of the other is obligated for bills and other expenses of the other spouse. Meaning, the marital community is responsible for the debts incurred by the husband and wife during the marriage.

If you divorce your husband, there will be most likely a settlement agreement and court order dissolving your marriage and dividing up the assets and liabilities (obligations such as medical bills) incurred by each spouse during the marriage and prior to separation. If you and your possibly former husband cannot reach a settlement as to the division of the assets and the liabilities, you go to trial and the court makes the decision for you.

In answer to your question, if you divorce your husband, in theory he would be responsible for one half of your medical bills that were incurred while you were married and living together.


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