Chicago, IL asked in Divorce for Illinois

Q: Am I responsible for all of my ex husbands medical bills if he doesn't pay them or just half?

He agreed to pay them when we split the marital debt. He failed to pay them now the creditor wants to garnish my wages. My name is no where on the actual bill. I was automatically attached to them because the company said we were married at the time.

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2 Lawyer Answers

Brandon C. Mayberry

Answered
  • Marion, IL
  • Licensed in Illinois

A: You can be held liable if you either co-signed for the debt or if the debt is considered a "family expense." Whether a debt is a family expense depends on whether the expense conduces to the welfare of the family. Medical debts for necessary medical care have been historically held to be family expenses based on this definition for which either spouse can be held liable. Unfortunately, the only way for a spouse to protect herself is via divorce or to ensure that the debts are paid.

Brandon C. Mayberry

Answered
  • Marion, IL
  • Licensed in Illinois

A: If the Court Documents show that he was to pay the medical bills and has not done so, you need to speak with an attorney to have him held in contempt of court.

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