Is my spouse responsible for my past medical bills if we divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.