Q: There is a judgement against both me and my husband for his medical bills while we were married. We are now divorced
but I am being garnished. There was nothing in our stipulation as to who would take care of this debt, only that the general indemnification clause stated that " there shall be no presumption of marital debt, even if such obligations were incurred prior to the entry of a Decree of Dissolution of Marriage - Does this indemnify me? what happens if I file bankruptcy? Could my ex be in contempt for not taking care of this judgement since the medical bills in the judgement are all in his name?
A: Since the debts occurred during marriage, you and your ex are jointly and severally liable for the debts (meaning you both are required to pay). You may be required to pay 100% of the debt, but you can seek reimbursement from your ex (at least for 50% of the costs). Be aware the reimbursement would need to be a separate legal action. Bankruptcy may be an option, but it depends on your current finances. Contact a lawyer that does bankruptcy matters (best would be a lawyer that also handles divorce matters--not that hard to find).
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