Who is responsible for medical bills in a divorce?

Who is responsible for medical bills in a divorce?

Bills are considered part of the marital estate, and consequently debt is divided in a divorce during the division of property stage. Therefore, which ex-spouse is responsible for paying medical bills will largely depend on whether the divorcing couple lives in a community property state or equal distribution state.

Are you responsible for your spouse’s medical bills after they die?

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In most cases you will not be responsible to pay off your deceased spouse's debts. As a general rule, no one else is obligated to pay the debt of a person who has died. There are some exceptions and the exceptions vary by state. As a general rule, no one else is obligated to pay the debt of a person who has died.

What happens to finances when you divorce?

At Divorce, Debts Do Not Part Even if the spouse who assumes responsibility for the property pays the existing mortgage, both spouses will still be obligated to pay the debt. The divorce decree cannot terminate your financial obligation to your creditor.

Can my husbands wages be garnished for my debt?

California is a community property state. This means that the law presumes any property acquired or wages earned by you and your spouse during your marriage belong to both of you. This is true, even if the account garnished is in your spouse's name only.

Are you responsible for your spouse’s medical bills?

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. This holds true even if the debt is listed exclusively in one spouse's name.

Will my medical bills affect my husband’s credit?

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Typically spouse's aren't responsible for each other's debts unless they live in a community property state. Even then it's unusual for an account to be reported on the spouse's credit report unless they agreed (cosigned or signed something) agreeing to be liable.

What happens when you marry someone with debt?

In community property states, you are not responsible for most of your spouse's debt incurred before marriage. However, the IRS says debt taken on by either spouse after the wedding is automatically a shared debt. Even if your spouse opens up a line of credit in their name only, you could still be liable for that debt.

Are you responsible for spouse’s medical bills?

Do I have to pay my husbands debt?

You are not legally responsible for your partner's debts unless they are joint debts or you have acted as guarantor. It doesn't matter whether or not you are living together nor whether you are married or even if you own a house together – although that latter situation can get pretty complicated.