Can I divorce my husband to get out from his medical bills? 27 Answers as of July 11, 2013I 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?
Victor Varga | Victor Varga
First, there is no separate bank accounts. Income generated during the marriage is marital income/assets. Debts however are due only in the name of the person named/obligated per the contract. If your name is not on any of his debts, you are not responsible for them.
Answer Applies to: Maryland
Snake River Law PLLC | Mark Petersen
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.
Answer Applies to: Idaho
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
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.
Answer Applies to: Washington
Reza Athari & Associates, PLLC | Seth L. Reszko
You are not responsible for your husband's medical bills unless you signed to cover them. If you obtain a divorce, the decree should state that your husband is responsible for his own medical bills. As a result, the divorce will clearly clarify that you are not responsible. If you desire to obtain a divorce, the forms can be found online at the Family Court website or at the Family Court for a small fee.
Answer Applies to: Nevada
Barbara Fontaine, Esquire | Barbara 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.
Answer Applies to: Rhode Island
Buchholdt Law Offices | Jon M. Buchholdt
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.
Answer Applies to: Alaska