What Obligation Do I Have to Pay My Spouse’s Medical Bills?

In general, you have no obligation to pay your spouse's medical bills unless you signed a document stating that you would be responsible for payments. You may also be obligated to pay a spouse's medical bills if you live in a community property state where any debt incurred during a marriage is considered joint debt. Also, under the "doctrine of necessities, one spouse can be liable for the "necessary" expenses incurred by the other spouse during marriage. For more legal information about your financial obligation to a partner's medical bills, use the free tool below.

UPDATED: Jul 18, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 18, 2023

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UPDATED: Jul 18, 2023Fact Checked

In general, one spouse is not obligated to pay the medical bills of the other spouse. Unfortunately, there are several exceptions to this rule.

If you live in a community property state, you would typically bear responsibility for such a debt. The general rule in such a case is, a medical bill or other debt that is incurred during the marriage, versus debt that is incurred before the marriage, is considered joint debt. This holds true even if the debt is listed exclusively in one spouse’s name.

If you signed a document stating that you would be responsible for payments on debt or medical bills, you are liable for payments.

For example, if your spouse has been admitted to the hospital, and you signed or acted as a co-signer on any documents that would obligate you for payment of any bills incurred during your spouse’s hospital stay, as a signer, you are responsible for payments.

As a co-signer, you are responsible for payments if your spouse fails to pay the bills. This is true no matter what state you reside in.

The last exception has to do with the “doctrine of necessities.” This doctrine was established under common law. While many states no longer follow the doctrine, some states have actually made it statutory law.

Under the “doctrine of necessities, one spouse is liable for the “necessary” expenses incurred by the other spouse during marriage. This holds true for any debt, but particularly for medical bills, which are almost always deemed “necessary.”

In the case of a deceased spouse, even in a situation that did not fall into one of the above exceptions, the deceased’s estate would still be liable for repayment. This means, the surviving spouse, although indirectly could be affected financially.

While the general rule is that one spouse is not liable for the other spouses’ medical bills, there are indeed exceptions that would make the other spouse responsible for payment.

If this is an issue or potential issue, you may want to consult with an attorney in your area.

A local attorney can best advise you of all of your rights as they exist under state law and how they may be affected by other factors.

Case Studies: Understanding Your Financial Responsibility

Case Study 1: Health Insurance

Sarah and John are married and both have health insurance through their respective employers. Unfortunately, John requires a medical procedure that is not fully covered by his insurance plan, leaving him with a significant out-of-pocket expense. Since they live in a community property state, Sarah may have an obligation to contribute to the payment of John’s medical bills.

However, if John’s health insurance policy includes a spousal coverage provision, Sarah’s insurance may cover a portion of the remaining expenses. In this case, health insurance plays a crucial role in mitigating the financial burden of medical bills and sharing the responsibility between spouses.

Case Study 2: Medical Payment Coverage

Mark and Lisa are married and have an auto insurance policy that includes medical payment coverage. While driving together, they are involved in a car accident that results in injuries requiring medical treatment. Lisa sustains more severe injuries and incurs higher medical expenses. With medical payment coverage, their auto insurance policy provides financial assistance to cover the medical bills of both spouses.

This coverage ensures that they have access to necessary medical care without worrying about the immediate financial burden. Medical payment coverage can help alleviate the stress of medical bills for spouses involved in accidents or other covered incidents.

Case Study 3: Doctrine of Necessities

Emily and David are married, and David requires emergency medical treatment due to a sudden illness. Despite not living in a community property state, Emily may still be held responsible for David’s medical bills under the doctrine of necessities. This legal doctrine imposes an obligation on one spouse to cover necessary expenses incurred by the other spouse during marriage.

Medical bills are typically deemed necessary expenses, and therefore, Emily may have a financial obligation to pay for David’s medical treatment. In this case, the doctrine of necessities creates a legal recourse for medical providers to seek payment from a spouse for their partner’s medical bills.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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