QUESTION
Can I divorce my husband to get out from his medical bills?
Asked on Aug 22nd, 2012 on Divorce - California
More details to this question:
I have wanted to get divorced for years, but he is disabled and I felt obliged to stay, but taking care of him and taking on his medical bills are two different things. His accounts are separate from mine, for the most part. If I divorce him and he files bankruptcy after it is final and still lives with me, am I responsible for his bills?
18 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, unless the Court orders you to pay them
Answered on Aug 27th, 2012 at 9:49 AM
All debts acquired during marriage even if under only one spouses name are community debts. Once divorced, even if the Decree of Divorce says otherwise, you would have an ongoing liability for your husband's medical debt if he fails to pay those debts. If he declares bankruptcy the creditors may come after you for any unpaid balance. If the debts are significant, a joint bankruptcy prior to the entry of a Decree of Divorce may be beneficial to clear these debts and give you a clean slate going forward.
Answered on Aug 24th, 2012 at 3:33 PM
Dave Hawkins
If he files bankruptcy, the creditor will just come after you whether you are divorced or not. Creditor are not bound by the term of the divorce decree. Your only option may be to file a joint bankruptcy.
Answered on Aug 24th, 2012 at 3:33 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You're not responsible for his medical bills even if you're married to him. He should be able to file bankruptcy alone and discharge them unless you've signed as a responsible party.
Answered on Aug 24th, 2012 at 1:16 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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I am not familiar with the Bankruptcy Code, but some of the creditors will forget about it and some may come after you. It should be different if he files BK after the divorce is final.
Answered on Aug 24th, 2012 at 1:16 AM
Keven A. McKenna
Divorce and bankruptcy are different processes. You are not likely to be held for his bills unless you signed his application for services.
Answered on Aug 24th, 2012 at 1:15 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Any bills accrued during the marriage are a community obligation, although it is unlikely that the providers will go after you if the bills are allocated to him in a divorce. However, the creditor has a right to do so.
Answered on Aug 23rd, 2012 at 2:14 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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This is a very complicated question and you would be wise to consult with an experienced family law attorney as well as a bankruptcy attorney for solid legal advise.
Answered on Aug 23rd, 2012 at 2:14 PM
Leonard A. Kaanta
Unless you signed an agreement to be resposible for his medical treatment ,you are not responsible for them.
Answered on Aug 23rd, 2012 at 2:13 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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There will be an argument for medical bills that as your husband's spouse you are liable. Usually liability is more clear if you signed as a co-borrower.
Answered on Aug 23rd, 2012 at 2:08 PM
Suggest you consult with a bankruptcy attorney.
Answered on Aug 23rd, 2012 at 2:08 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, you would remain liable for the bills.
Answered on Aug 23rd, 2012 at 2:08 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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You could be since its community in nature.
Answered on Aug 23rd, 2012 at 2:08 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Not in the eyes of the creditors; however, your then ex-husband could claim you're responsible for the bills under various theories - most of which are difficult (expensive) to prove.
Answered on Aug 23rd, 2012 at 2:07 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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No, if you are still living with your husband, and have not separated from him, and his medical bills were incurred during your marriage, his bills are part of your marital estate and, upon divorce, you will be obligated to pay half of them.
Answered on Aug 23rd, 2012 at 2:07 PM
Barbara A. Fontaine
You may want to examine other ways to take care of this. Try the office for the elderly and the human services department in your state. I had them help and no need for a divorce. If he files for a bankruptcy, it will not be on you. You are only responsible for bills you make.
Answered on Aug 23rd, 2012 at 2:06 PM
In most cases any debt that was incurred solely by a spouse is the sole responsibility of that spouse. A spouse is generally not responsible for the debts of the other spouse just because of the existence of the marriage.
Answered on Aug 23rd, 2012 at 2:06 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That wil not get you out of medical bills. Medical bills are part of necessities of life and you are responsible for necessities of life including food, housing, and medical bills.
Answered on Aug 23rd, 2012 at 2:05 PM