What Obligation Do I Have to Pay My Spouse’s Medical Bills?

In general, you have no obligation to pay your spouse's medical bills unless you signed a document stating that you would be responsible for payments. You may also be obligated to pay a spouse's medical bills if you live in a community property state where any debt incurred during a marriage is considered joint debt. Also, under the "doctrine of necessities, one spouse can be liable for the "necessary" expenses incurred by the other spouse during marriage. For more legal information about your financial obligation to a partner's medical bills, use the free tool below.

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

In general, one spouse is not obligated to pay the medical bills of the other spouse. Unfortunately, there are several exceptions to this rule.

If you live in a community property state, you would typically bear responsibility for such a debt. The general rule in such a case is, a medical bill or other debt that is incurred during the marriage, versus debt that is incurred before the marriage, is considered joint debt. This holds true even if the debt is listed exclusively in one spouse’s name.

If you signed a document stating that you would be responsible for payments on debt or medical bills, you are liable for payments.

For example, if your spouse has been admitted to the hospital, and you signed or acted as a co-signer on any documents that would obligate you for payment of any bills incurred during your spouse’s hospital stay, as a signer, you are responsible for payments.

As a co-signer, you are responsible for payments if your spouse fails to pay the bills. This is true no matter what state you reside in.

The last exception has to do with the “doctrine of necessities.” This doctrine was established under common law. While many states no longer follow the doctrine, some states have actually made it statutory law.

Under the “doctrine of necessities, one spouse is liable for the “necessary” expenses incurred by the other spouse during marriage. This holds true for any debt, but particularly for medical bills, which are almost always deemed “necessary.”

In the case of a deceased spouse, even in a situation that did not fall into one of the above exceptions, the deceased’s estate would still be liable for repayment. This means, the surviving spouse, although indirectly could be affected financially.

While the general rule is that one spouse is not liable for the other spouses’ medical bills, there are indeed exceptions that would make the other spouse responsible for payment.

If this is an issue or potential issue, you may want to consult with an attorney in your area.

A local attorney can best advise you of all of your rights as they exist under state law and how they may be affected by other factors.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption