QUESTION

Is the spouse responsible for incurred hospital bills during a divorce?

Asked on Aug 28th, 2013 on Divorce - Utah
More details to this question:
Husband filed the divorce, and it was served to the spouse while she was in jail. She was released from jail and had a drug overdose. She was in the hospital for number of days before she died. There are no assets or any money.
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2 ANSWERS

Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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In California debts incurred by a spouse after date of separation which is included on your Petition is the responsibility of the incurring spouse.
Answered on Aug 29th, 2013 at 9:16 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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This is a very good question. And it can be argued either way. The wife could argue that because she is still married to the husband, her hospitalization is a "family expense" for which the husband is liable with her. The husband could argue that his wife's drug overdose is entirely for doing, not the result of an accident beyond her control, and not the sort of thing that a spouse should be expected to pay for in the course of a marriage. If I were a betting man, I would bet that the court would side with the argument that the husband is not responsible to pay for his wife's hospitalization due to a drug overdose, unless for some reason the court felt that the husband could afford to pay without suffering undue hardship himself. If the wife was admitted to the hospital without claiming that her husband would "pick up the tab" for her hospital stay, the hospital has no grounds for suing the husband to collect on her hospital bills unless the hospital can convince a court that her hospital stay was a "family expense," and again, I believe that most courts in the state of Utah would not accept such an argument.
Answered on Aug 29th, 2013 at 9:06 AM

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