QUESTION
If we are divorced can I be held liable if my wife needs expensive heart surgery?
Asked on Aug 26th, 2013 on Divorce - California
More details to this question:
We are considering this so as to have one income that is not garnishable. We plan to keep living together in the same house. While this is somewhat unethical, without health insurance we do not know what else to do. Are there any other ramifications?
3 ANSWERS
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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Not unless a provision was made in the agreement or judgment of divorce addressing this somehow. Medical care is typically one's own problem after divorce if there is no provision made.
Answered on Aug 27th, 2013 at 5:06 AM
Actually, if the insurance company can prove that you divorced solely to avoid the cost, then they could still attempt to come after you. The tactic that your are suggesting has been previously attempted, with relatively little success.
Answered on Aug 27th, 2013 at 4:28 AM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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Once you are separated, her bills are her bills and your bills are your bills. The issue becomes one of proving your separation. When you file a divorce, you are telling the court the marriage is over and it is the proof you need. Many couples divorce and continue to live together for financial reasons. Nothing unethical about that.
Answered on Aug 26th, 2013 at 11:08 PM