Legal Question in Credit and Debt Law in New York
Debtor responsibility
I have been divorced for 1 year. I was separated for over 3 years prior. In the period prior to my divorce, my ex-wife accumulated a significant amount of medical debt. She was not listed on my health insurance policy after the separation. Am I legally liable for these debts, and if so, am I solely liable. If so, I would love to have an explanation why.
Thank you
1 Answer from Attorneys
Re: Debtor responsibility
Generally, the Separation Agreement spells out if one party (usually the husband) is required to carry health insurance, and if the insurance is not carried, that person would probably be liable to the other for medicals which would have been covered.
If the Sep. Agmt. says nothing, it's far less clear. Under NY law, a spouse is generally liable for "necessaries" provided by a third party to his spouse during marriage. I understand this covers right up to the divorce decree but you ought to check that. Necessary medical attention is deemed a "necessary."
Again, the first place to look for your answer is probably the Separation Agreement, or the divorce judgment itself.
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