Can I divorce my husband to get out from his medical bills? 27 Answers as of July 11, 2013

I 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?

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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
Replied: 9/3/2012
Law Office of Melvin Franke | Melvin Franke
No, unless the Court orders you to pay them
Answer Applies to: Missouri
Replied: 8/27/2012
Snake River Law PLLC
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
Replied: 8/24/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
If he files bankruptcy, the creditor will just come after you whether you are divorced or not. Creditor are not bound by the term of the divorce decree. Your only option may be to file a joint bankruptcy.
Answer Applies to: Washington
Replied: 8/24/2012
ADELMAN & SEIDE, LLP
ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
I am not familiar with the Bankruptcy Code, but some of the creditors will forget about it and some may come after you. It should be different if he files BK after the divorce is final.
Answer Applies to: California
Replied: 8/24/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    You're not responsible for his medical bills even if you're married to him. He should be able to file bankruptcy alone and discharge them unless you've signed as a responsible party.
    Answer Applies to: Texas
    Replied: 8/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    They'll try to come after you.
    Answer Applies to: Alabama
    Replied: 8/24/2012
    MckennaLaw
    MckennaLaw | Keven A. McKenna
    Divorce and bankruptcy are different processes. You are not likely to be held for his bills unless you signed his application for services.
    Answer Applies to: Rhode Island
    Replied: 8/24/2012
    Steven Alpers | Steven Alpers
    That wil not get you out of medical bills. Medical bills are part of necessities of life and you are responsible for necessities of life including food, housing, and medical bills.
    Answer Applies to: California
    Replied: 8/23/2012
    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
    Replied: 8/23/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    This is a very complicated question and you would be wise to consult with an experienced family law attorney as well as a bankruptcy attorney for solid legal advise.
    Answer Applies to: California
    Replied: 8/23/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    Only if you take him to the medical providers involved and obligate yourself to pay each of his medical providers.
    Answer Applies to: Georgia
    Replied: 8/23/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Unless you signed an agreement to be resposible for his medical treatment ,you are not responsible for them.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    Those kind of bills are generally considered community debt, for which you are equally responsible to the providers.
    Answer Applies to: Arizona
    Replied: 8/23/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You are not responsible for his debts just by virtue of your being married. The only way you would be responsible is if you co-signed or are listed as a guarantor.
    Answer Applies to: Georgia
    Replied: 8/23/2012
    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
    Replied: 8/23/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    There will be an argument for medical bills that as your husband's spouse you are liable. Usually liability is more clear if you signed as a co-borrower.
    Answer Applies to: Ohio
    Replied: 8/23/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    You could be since its community in nature.
    Answer Applies to: California
    Replied: 8/23/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, you would remain liable for the bills.
    Answer Applies to: California
    Replied: 8/23/2012
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    Suggest you consult with a bankruptcy attorney.
    Answer Applies to: California
    Replied: 8/23/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This is a complicated situation. the short answer is yes, you can get a divorce. how much of the medical bills you will still be dealing with.
    Answer Applies to: New Jersey
    Replied: 7/11/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Not in the eyes of the creditors; however, your then ex-husband could claim you're responsible for the bills under various theories - most of which are difficult (expensive) to prove.
    Answer Applies to: Washington
    Replied: 8/23/2012
    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
    Replied: 8/23/2012
    Attorney at Law | John P. Rivers
    In most cases any debt that was incurred solely by a spouse is the sole responsibility of that spouse. A spouse is generally not responsible for the debts of the other spouse just because of the existence of the marriage.
    Answer Applies to: Georgia
    Replied: 8/23/2012
    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
    Replied: 8/23/2012
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