Is One Financially Responsible for Their Spouse's Medical Bills?
When a spouse or partner becomes sick, medical bills can cause additional stress, especially if it is unclear where the financial responsibility lies. Some debt collectors prey on grieving spouses with payment demands they may not be responsible for. Responsibility for a spouse's medical bill depends on where you live and if you agreed to be a guarantor for the cost of care.
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Where Do You Live?
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If you live in a community property state -- Arizona, Idaho, California, Nevada, Louisiana, New Mexico, Washington, Texas, Wisconsin, or the territory of Puerto Rico -- all assets acquired and debts incurred during the marriage are considered equal property. If you live in these states, you may be liable for your spouse's medical bills, depending on state laws.
If you live in any other state you are not automatically liable for your spouse's medical bills.
Deceased Spouse
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If your spouse is deceased, the bills will be paid from his or her estate, leaving you unaffected. This may limit any inheritance you receive from the estate. If the deceased has no will, it falls to a court-appointed administrator to distribute the estate to any living heirs once debts have been settled. In a community property state, a homeowner whose spouse is recently deceased may find their healthcare provider considers half of the house to be an asset of the estate from which the medical bills can be paid.
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Spouse With No Assets
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If your spouse dies without any assets in his or her name, the estate is considered insolvent, or "intestate." If there is no estate, the bills will not be paid. The surviving spouse is not liable for any medical bills incurred, unless you live in a community property state.
Liability
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If you live outside a community property state and you have signed admissions paperwork that states you are guarantor for the cost of your spouse's care, you are contractually liable to pay for services rendered. If the paperwork contains jargon and you are unsure, a consumer lawyer can help.
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References
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Comments
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I live in Wisconsin and tried to call about the bills on my credit report and because the bills are my wifes the HIPPA laws say they can not talk about these bills but they are on my credit report? how dose that work I am not suppose to know about these bills but they are on my report not here because they at the collection agency do not have her b-day or sss number well how do they know they are my wifes bills and able to put it on my report if thay have nothing with my name on the bill?
