How do we work out the medical settlement in a divorce? 17 Answers as of October 04, 2011

My ex wife has a lot of medical bills and she needs almost constant medical attention. We are going through a divorce and her family is pretty much taking care of her now. She wants me to pay for her bills, though and I dont think this is fair. How do I get a fair settlement on this?

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
In such situations, you should expect a court will expect you to usually take some responsibility. You should discuss this with your attorney and stop representing yourself.
Answer Applies to: Georgia
Replied: 10/4/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Your question raises a number of issues, none of them easy to resolve. First, the payment of debts would require a review of te case and the debts. In most instances, if you have an income whereas your spouse does not, you may, in fact, pay a majority if not all of those debts. A medical condition that affects employability also raises the specter of spousal support which may even be permanent spousal support. As a result, it is imperative that you consult with a lawyer regarding your case.
Answer Applies to: Minnesota
Replied: 8/29/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
When were the bills incurred? If during the marriage then you are equally responsible to pay them.
Answer Applies to: California
Replied: 8/29/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Whatever you and your wife agree to is fair. If you cannot agree, a judge will have to decide based on all the relevant facts and circumstances. You haven't provided nearly enough information to permit even a wild guess about what a judge might do.
Answer Applies to: Colorado
Replied: 9/2/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
There is no real way to predict whether you would get what you might think is a "fair" settlement without having vastly more information. The statute says that the court is to make a fair and equitable division of all of the debts and property. There are a number of factors that the court is supposed to consider in reaching that division. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, your spouse's separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, if there is enough community property so that the court can come up with a fair division using just the community property, the court will generally do that. However, if there is not enough community property for the court to reach what it believes is a fair division, then, it can invade separate property.
Answer Applies to: Washington
Replied: 8/26/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The Court will make a fair and equitable division of your assets and liabilities.
    Answer Applies to: Washington
    Replied: 8/26/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There are too many unknown variables here, but in general the court will look at your respective incomes and ability to pay; you may wish to balance your portion of the obligation by giving extra assets, etc.
    Answer Applies to: Connecticut
    Replied: 8/26/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The general rule is that all debt acquired during the marriage is a community debt and both spouses should share the debt equally. So, it appears that both of you would be liable on the debt.
    Answer Applies to: California
    Replied: 8/26/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    The cost of medical bills and her health will be a big issue in your divorce. You want a fair settlement on this. I understand. You should have a good divorce attorney help you. You do NOT want to be stuck paying thousands of dollars for her health problems, forever. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/26/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Your question is too complicated to spell it our for you in an e-mail, especially without further information. You have certain duties to your wifeunder the law. You did not say how long you'd been married, or whether or not you have medical insurance. One suggestion would be to continue to provide medical insurance for her as part of the settlement. Do not agree to be responsible for her medical bills post-separation.
    Answer Applies to: California
    Replied: 8/26/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You should get an attorney. An attorney needs to have the full picture about assets, debts age, wages of both of you (assuming both of you work) health etc in order to give you informed advice.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    It will likely be factored in among the rest of the items, other debts, property division, etc.
    Answer Applies to: Wisconsin
    Replied: 8/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Is there no medical insurance available to your soon to be ex wife??? If she is not insured, the Court will look at how these bills have been paid in the past and will order that this method continues.
    Answer Applies to: Alabama
    Replied: 8/26/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Standardly you would be responsible for half of the marital debt. If there is debt in your name such as credit card bills and car loans, you may consider keeping those debts to make sure they are paid and offsetting the medical bills. As for future medical bills, depending on the length of the marriage and your financial ability, you may end up on the hook for alimony. If your wife has serious medical conditions that are likely to continue, you carry health insurance on her and you are unlikely to get re-married anytime soon, this may be one of the rare instances where you may want to enter into a legal separation agreement as opposed to a divorce. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The court will make a fair and equitable division of your assets and debts.
    Answer Applies to: Washington
    Replied: 8/26/2011
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