Legal Question in Family Law in Florida

responsibility for spousal debts

I have been seperated from my wife for over two years.

Should one of us become ill to the point that there are

medical bills that person can't pay, is the spouse

responsible for those bills?


Asked on 4/29/02, 1:35 pm

1 Answer from Attorneys

Alexis Parker Alexis Parker, Esq.

Re: responsibility for spousal debts

Probably not. However, it would depend on the specific facts and circumstances of your case.

Generally, all debts incurred during the marriage are marital debts. However, if you are separated at the time the debt is incurred then GENERALLY you are not responsible for that debt. But, please remember that there are exceptions to every rule.

Note also that even if your spouse can't force you to pay the bill and even if the medical provider has no basis for requiring you to pay the bill...you might still be affected by the debt. Again, it depends on the specific facts of your case. But, as an example...Suppose you still own real property with your spouse even though you are separated from each other. And, suppose a medical provider sues your spouse and obtains a judgment against that person. The judgment would likely be recorded and would affect the ability to sell the property etc.

You should consult with an attorney who can review all of the facts surrounding your case.

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Answered on 4/30/02, 8:18 pm


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