Are medical bills considered marital debt?
Asked by: Lexie Lowe | Last update: January 8, 2026Score: 4.1/5 (34 votes)
While you may not be required to pay for ongoing medical care for your spouse, medical debt that is incurred during your marriage is considered marital debt. Even if your partner is the recipient of the care!
Is a wife responsible for her husband's medical bills?
And in nine “community property” states, including California and Texas, spouses may be equally responsible for debts incurred during the marriage, including medical debt.
Does medical bills count as debt?
Medical debt is a debt that arises from a visit or interaction with a health care provider, such as a hospital, clinic, doctor, or nurse. Two-thirds of medical debts are the result of a one-time or short-term medical expense arising from an acute medical need.
Am I responsible for my ex husband's medical bills?
The general rule is that only the person who accrues the debt is responsible for it, however, sometimes, you can be liable for your spouse's debts even if you did not sign the contract or loan. This can happen only for ``necessary'' items, such as food, medical care, etc.
What is the meaning of marital debt?
Marital Debt Defined
In general, marital debt is debt that was acquired during the duration of the marriage. Separate debt most often means debt that a spouse had prior to marriage. Separate debt means the party who walked into the marriage with the debt is responsible for it after the divorce.
Are Medical Bills Marital Debt
Who is responsible for medical bills in a divorce?
Medical Debt
The judge will make a decision based on the individual divorce case. This goes for medical debt involving a child's illness, birth or emergency as well. In community property states, medical debt incurred during marriage is split 50-50.
Can you sue your spouse for not paying bills?
Are the credit cards in your name only or in both of your names? Generally, when a third party wants to sue for outstanding debt, if both parties are on a credit card or on a loan, either or both can be sued.
Do I have to pay my husband's medical bills after he dies?
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
What to do if your ex won't pay medical bills?
When your divorce was finalized, the court should have ordered both you and your former spouse to pay an equal share of your child's medical bills. Because this is a legal order, if your former spouse isn't providing their share, you can ask the court to make them pay. This is called an enforcement action.
Am I responsible for my domestic partners medical bills?
Local or Employer-Based Domestic Partnerships
There is generally no joint liability for medical debt in a local or employer-based domestic partnership.
Is there debt forgiveness for medical bills?
All hospitals offer discounts or bill forgiveness based on income. On average, a family of 4 earning less than $100,000 a year will qualify. You can apply for financial assistance before or at the time of your hospital treatment or service. You do not need to wait for a bill.
What is the new law about medical bills on credit reports?
On January 7, 2025, the Consumer Financial Protection Bureau (“CFPB”) published a final Rule (the “Rule”) that prohibits consumer reporting agencies from including individuals' medical debt on consumer credit reports.
What are the consequences of unpaid medical bills?
If you do nothing and don't pay, you could be facing late fees and interest, debt collection, lawsuits, garnishments, and lower credit scores.
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
Will my wife's medical bills affect my credit?
Most healthcare providers do not report to the three nationwide credit bureaus (Equifax, Experian and TransUnion), which means most medical debt billed directly by physicians, hospitals or other healthcare providers is not typically included on credit reports and does not generally factor into credit scores.
What debts are not forgiven upon death?
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
Do unpaid medical bills eventually go away?
Judgments stay either seven years or until the statute of limitations in your state is up, whichever is longer. And here's one more caveat: While unpaid medical bills will come off your credit report after seven years, you may still be legally responsible for them depending on the statute of limitations.
How can I get out of unpaid medical bills?
- Review your bills. ...
- Negotiate your medical costs. ...
- See if you qualify for an income-driven hardship plan. ...
- Look for financial assistance or charity care programs. ...
- Consider a payment plan. ...
- Use medical credit cards. ...
- Consider a medical bill advocate.
Can I ignore my medical bills?
Ignoring Medical Bills Creates Problems: Credit Score Damage, Debt Collectors, Lawsuits. Explore Solutions: Payment Plans, Financial Aid, & Potential Personal Injury Claim.
Is a spouse legally responsible for medical bills?
And in nine “community property” states, including California and Texas, spouses may be equally responsible for debts incurred during the marriage, including medical debt.
What not to do when your spouse dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
In what states are you responsible for your spouse's debt?
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Can I be forced to pay my spouse's debt?
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
What is spousal negligence?
Any individual who has sufficient ability to provide for his or her spouse's support, or who is able to earn the means of such spouse's support, who willfully abandons and leaves his or her spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or ...
Does my husband still have to pay the bills if he leaves?
Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them. The same is true of debts.