Legal Question in Credit and Debt Law in Wisconsin
There is a lawyer in Milwaukee, WI who is trying to contact me about a past debt of mine. I will be 60 this year, divorced and now am currently living with my ex-husband. I have lost everything!! Can they go after my ex-husband for my debt, which happened while we were married? And what if I marry him, or if I marry another man, will a marriage partner be held responsible for my debt? I have no intention of skipping on it I simply have no way of paying now. I have been able to settle other past debts but I have been unemployed basically since 2009 and not eligible for any kind of unemployment, etc. A quick response would be greatly appreciated so that I may contact this attorney with my response. Thank you so very much for any information you can give me!!
1 Answer from Attorneys
Yes, in Wisconsin, spouses are nearly always liable for one another's medical bills under the legal "doctrine of necessities." Wisconsin courts essentially interpret the marriage contract to create a legal obligation to take care of one's spouse's necessary requirements of life, together with resulting bills and expenses. This obligation generally ends with the marriage in the event of divorce or legal separation, but bills incurred while the marriage was in effect can still be collected by creditors from the former spouse later on, after divorce, or even after death. A bankruptcy filing would probably get the responsible spouse out of such obligations and discharge the debt (unless the debt in question is related to child support or other court ordered obligation stemming from a divorce or similar family law proceeding). Marrying someone else would probably not change anything with regard to old bills incurred while you were married to another but the new marriage would create a new obligation of current support for any newly arising "necessary" expenses. If these obligations worry you, you should really consider a consultation with an experienced bankruptcy attorney, since you could at least prevent these creditors from continuing to harass you. My comments on this public website do not imply that I am now your attorney or that I will be representing you in the future. Rather, these answers are intended for public educational purposes and not to specifically assist you. If you need legal advice, you should therefore retain your own private attorney and revisit your legal questions with him or her.