QUESTION
Will I be responsible for my wife's medical bills if we are now separated and I stopped our health insurance?
Asked on Jul 07th, 2012 on Divorce - Louisiana
More details to this question:
We are separated right now and I stopped health insurance without her knowing it.
29 ANSWERS
Dennis P. Mikko
You could be responsible for her necessary medical care as long as you are married.
Answered on Jun 28th, 2013 at 9:57 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Why did you not tell her? You may be responsible for them because you hid the facts..
Answered on Jun 28th, 2013 at 9:56 PM
Yes.
Answered on May 29th, 2013 at 1:20 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 1:16 AM
Nevada is a community property state, meaning community debt as well. Any bills incurred during the marriage belong to both of you.
Answered on Aug 07th, 2012 at 10:14 PM
Jerome Marshall Applebaum
Yes, each spouse or domestic partner has an obligation to support the other spouse/dp. Since she has no notice of the insurance cancellation, then she has a right to rely upon the continued availability of insurance coverage. This is known as estoppel and you can & undoubtedly will be held liable for the medical/healthcare costs.
Answered on Aug 07th, 2012 at 2:48 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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The answer is maybe. In Nevada everything is community property with the exception of a few items until a decree of divorce is entered this is typically 50/50. This is usually true with debt as well.
Answered on Aug 07th, 2012 at 1:42 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If you have already filed a Petition, or served with it, you have just violated the standard restraining orders on the back of the summons. You may want to try to fix this before the judge does.
Answered on Aug 07th, 2012 at 12:18 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This is the kind of action people should tag base with lawyers BEFORE they do to save themselves time, money and headaches. Today. Now. Get to a lawyer, tell him/her what you did and ask what to do about it.
Answered on Aug 07th, 2012 at 11:48 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You could be. Spouses are responsible for the necessities of their spouse, and that includes medical services.
Answered on Aug 07th, 2012 at 11:38 AM
Bad move. Yes, you might. Put it back.
Answered on Aug 07th, 2012 at 12:57 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You should not have stopped the health insurance without her knowledge. The court can hold you responsible as she had no way of securing other insurance if you failed to tell her. My suggestion is you reinstate her until the divorce is final at which time she will automatically have to get off but have access to COBRA.
Answered on Aug 07th, 2012 at 12:53 AM
Civil Litigation Attorney serving San Diego, CA
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Gerald W. Hokstad
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If you cancelled the health insurance while the divorce is pending you have violated the court orders on the back of the summons. You can be held liable for all her medical bills.
Answered on Aug 06th, 2012 at 9:49 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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You will be 100% responsible.
Answered on Aug 06th, 2012 at 9:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You could be held responsible under the doctrine of necessities, but it is highly unlikely.
Answered on Aug 06th, 2012 at 9:36 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes. It is likely that the court will hold you responsible for her bills. My suggestion is that you reinstate the health insurance before the court makes you do it and holds you responsible for attorney fees. You are still married to her even though you are separated.
Answered on Aug 06th, 2012 at 9:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes. You are responsible for her necessities of life, food, housing and medical until you are divorced. If your insurance was ca ncelled within the last 30 days see if you can reinstate retroactively.
Answered on Aug 06th, 2012 at 9:02 PM
If you have filed for dissolution then your actions are in violation of the standard restraining orders. Even if you have not yet filed, your actions are not going to be regarded with favor by the court.
Answered on Aug 06th, 2012 at 8:44 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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The answer depends to some extent on whose name is on the medical bill account and whether your wife has a job or separate estate that could pay the bills. If you have been previously paying her medical bills or have been using the insurance you provided for her to pay those bills you could very well be held to be responsible for those bills if the medical provider were to sue her and you were named or added as a party in a suit the medical provider filed. If a divorce is filed, based upon the facts you recite, the divorce judge would probably order you to pay her medical bills unless she was employed or had separate funds in her name with which she could pay the bills. The fact that you canceled medical insurance without her knowledge or consent would probably work against any effort on your part to have her made responsible for her own medical bills.
Answered on Aug 06th, 2012 at 4:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably, they will be a marital debt.
Answered on Aug 03rd, 2012 at 11:10 PM
Leonard A. Kaanta
The answer is no. Unless a spouse signs an agreement to resposible for the other spouse's medical care, he/she is not responsible.
Answered on Aug 03rd, 2012 at 9:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Quite possibly depending on the facts. The doctors other medical providers probably can't or won't try to come after you directly; but, as between you and your wife you have a legal duty to support her and her debts will be considered marital debts to be dealt with in a divorce case. It is to your advantage to get the divorce situation resolved as soon as possible to minimize your financial liability.
Answered on Aug 03rd, 2012 at 9:47 PM
Legal Separation Attorney serving Scottsdale, AZ
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Korbin Steiner & Marquis
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If you are legally separated, you might want to read your paperwork, including the preliminary injunction and health care notice.
Answered on Aug 03rd, 2012 at 9:43 PM
Gary Moore
You may regret cancelling her health insurance when you are made responsible for half of the unpaid bills by the Court. When you file a divorce complaint the Court rules require a certification that no insurance policies have been cancelled. You should consider undoing what you have done as to the insurance.
Answered on Aug 03rd, 2012 at 9:40 PM
Family Law Attorney serving Culver City, CA
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Law Offices of Tobie B. Waxman
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Why did you stop the health insurance? Has anyone filed for divorce? If she lets the court know that you did that without telling her, and she claims she cannot afford her medical bills without the insurance, I think odds are pretty high it's not going to end up going in your favor.
Answered on Aug 03rd, 2012 at 9:40 PM
Family Law Attorney serving Layton, UT
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Michael S. Edwards Attorney at Law, PLLC
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Yes, you are potentially liable for your share of these medical expenses. I think the judge will especially lean toward your being responsible for them, because you stopped or terminated the health insurance coverage without your wife's knowledge. You had better retain a good divorce lawyer, and make the best you can of it.
Answered on Aug 03rd, 2012 at 9:33 PM
Why you did that is beyond me.
Answered on Aug 03rd, 2012 at 9:31 PM
Marc John Weinpel
Every family law judge I have appeared before will admonish your actions and make you personally responsible for any medical bills she incurs while you are still married. You should reinstate her as soon as possible.
Answered on Aug 03rd, 2012 at 4:21 PM
1 Award
It is a community debt so each one is responsible for one-half.
Answered on Aug 03rd, 2012 at 4:15 PM