Am I liable for my ex-wife’s hospital bills if she wasn’t on my insurance and pays her own bills?
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Am I liable for my ex-wife’s hospital bills if she wasn’t on my insurance and pays her own bills?
A debt collector just called me saying I owe $2800, down from $18,000, from my ex-wife being in the hospital 2 and 1/2 years ago (we’ve been divorced for 2 years). She was never on my insurance, she paid/pays her own bills, and the debt collector said I was the first one they contacted about this – not her – they say the debt is in my name. Can they really hold me liable for this?
Asked on May 25, 2012 under Family Law, Kansas
Answers:
John York / John York Law Office
Answered 11 years ago | Contributor
They can probably hold you liable for this if you are in a community property state. Both parties are liable for the debts incurred by the other during the marriage if the debts were for a "community purpose." A community purpose is anything that benefits the couple, the marital "community." Certainly the health of one of the spouses benefits the community. The question is whether your wife disclosed this debt during the divorce proceedings and whether the judge allocated this debt to you in the divorce decree. I would argue that if the judge did not allocate this debt to you in the divorce decree that you have no obligation to pay it. It depends on the exact language of the decree.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
There are a lot of issues here that need to be sorted out, including that the hopspital stay could be considered a marital debt that should have been disclosed during the divorce proceeding. Many states require that you pay for the "necessities" of your spouse and medical care is one of those necessities. I would contact your ex and your lawyer. Good luck.
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