Legal Question in Bankruptcy in North Carolina

Probably. The "Doctrine of Necessaries" establishes that a spouse is liable for the necessary expenses incurred by the other spouse, including those expenses incurred by medical necessity. It is rooted in the common law allocation of rights and duties between spouses, the doctrine "is a recognition of a personal duty of each spouse to support the other, a duty arising from the marital relationship itself and carrying with it the corollary right to support from the other spouse."

To establish a case "for the recovery of expenses incurred in providing necessary medical services to the other spouse," the party seeking to apply the doctrine must show:

(1) medical services were provided to the spouse;

(2) the medical services were necessary for the health and well-being of the receiving spouse;

(3) the person against whom the action is brought was married to the person to whom the medical services were provided at the time such services were provided; and

(4) the payment for the necessaries has not been made.

There could be relief for you if he/she agreed to pay this bill in a divorce settlement but action must be taken within 60 days of the Meeting of Creditors. You have to see a bankruptcy lawyer if there is a divorce and property settlement involved.