Canton, IL asked in Divorce, Bankruptcy and Collections for Illinois

Q: Am I responsible for my ex's medical bills that were incurred while married to me if he has remarried?

My husband has a lot of medical debt and when we divorced I was going to file bankruptcy to avoid being held liable for his medical debt, but did not. He has since gotten remarried. By Illinois law, since I was married to him when the debt occurred, can the collectors still come after me? Or has it now fallen onto his new wife and I'm free and clear if he doesn't pay his bills?

1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: A collector of medical bills incurred during a marriage can typically go after the people who were married to each other when the bills were incurred, not a later spouse. You should be able to discharge them in bankruptcy. On the other hand, which of you is supposed to pay those debts should have been determined at the time of your divorce. If a collector forces you to pay them and your divorce papers say your ex-husband should pay them, you should be able to take him to court and make him reimburse you.

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