Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default Can My Ex-Wife's Medical Bills Come Back to Me After Divorce

    My question involves divorce in the State of: Florida

    We were married in Sept 08, separated that following April and are in the middle of filing now since we waited until the end of the year for tax reasons.

    During this time (sometime in Feb 09), she went to the ER by herself for something non-emergency under the assumption that her health insurance through her job had kicked in. The bill ended up being well over $12k and she realized she didn't have any active insurance when she tried to file a claim. I never signed anything, agreed to anything, and I definitely didn't tell her to go to the hospital.

    My question is: I don't think she has been paying it. Occasionally I get letters sent here (I still live at our address) addressed to her seeking payment. Can this is any way, shape or form come back to me if they ever decide to pursue her? If so, how can I protect myself from an obvious debt that she incurred out of her stupidity, solely benefited from and then does not have the character to responsively pay?

    Thanks

  2. #2

    Default Re: Can My Ex-Wife's Medical Bills Come Back to Me After Divorce

    Since this debt accrued during the marriage and the time you were living together, and you are not yet divorced, if she claims it as a community debt in the divorce, which it is, the court may put you on the hook for this.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Can My Ex-Wife's Medical Bills Come Back to Me After Divorce

    Florida is not a community property state. She is the sole beneficiary of the service/debt incurred and I in now way, shape, or form have contributed to this debt nor have I signed anything to obtain responsibility for it.

    I guess the better question is, IF she would try and put this under community debt for the divorce, with being married literally a few months before seperating and it clearly being HER bill, what would my chances be of fighting this and having it be her responsibilty only?

  4. #4
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Can My Ex-Wife's Medical Bills Come Back to Me After Divorce

    "A few months" before a divorce = married. You are married until you are divorced. period. As another responder said, it was a marital debt and you DID benefit because it was your spouse who obtained medical treatment. Whether it was medically neccessary is not an issue you are qualified to answer as I assume you are not a medical professional with the qualifications to be an expert in that area. Think you will be paying in some way for this. Too late to complain now.

  5. #5
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Can My Ex-Wife's Medical Bills Come Back to Me After Divorce

    You were married a very short time. Her incurring debts of any kind, including medical debts, are not automatically your debts. There are a number of issues that need sorting out. If you signed nothing, it is likely that the hospital considers her the responsible person, so there action would be against her. However, if she claims it as a community or marital debt, it may be a negotiation factor in your divorce settlement.

    Since you state that the letters are addressed to her and it appears that you have not been approached for payment, I would simply ignore the letters. There is no way that you can protect yourself, in advance, of the hospital coming after you for the money. In fact, if you try to do that, you may actually encourage them to do exactly that. If they do approach you for the money in the future, your response would depend on how and when they do that.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,025

    Default Re: Can My Ex-Wife's Medical Bills Come Back to Me After Divorce

    Florida's Supreme Court abolished the state's necessities doctrine. I don't see any sign of a subsequent statute reinstating that doctrine. Absent a law that makes you responsible for some or all of the debts incurred by your spouse, if you didn't sign something making you liable for the debt, your marriage doesn't automatically make you liable.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Deceased Wife's Medical Bills in California
    By RobKrux in forum Medical Debt
    Replies: 9
    Last Post: 10-14-2008, 01:50 PM
  2. Debt Collectors: Is a Husband Responsible For Ex-wife's Medical Bills
    By pm2080 in forum Medical Debt
    Replies: 1
    Last Post: 02-16-2008, 07:36 AM
  3. Debt Collectors: Wife Is Being Sued Over Medical Bills
    By kenkjw in forum Medical Debt
    Replies: 9
    Last Post: 06-12-2007, 10:13 AM
  4. Debt Collectors: Ex-Wife's Medical bills in Wyoming
    By singledadx365 in forum Medical Debt
    Replies: 8
    Last Post: 02-06-2007, 09:47 PM
  5. Debt Collectors: Wife's Liability of Medical bills in Oklahoma
    By at2242 in forum Medical Debt
    Replies: 1
    Last Post: 10-26-2006, 07:41 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Divorce Lawyer
Facing divorce? Get a free consultation with a local divorce attorney.




Untitled Document