Legal Question in Credit and Debt Law in New Jersey

Medical Bills from Ex

My ex-wife has 2 medical bills that

are outstanding from after we were

separated. I had to legally continue

to provide her medical insurance at

the time until the divorce was final.

However there are now these 2

bills that are outstanding that I can

not pay, are on my credit report,

and she should be responsible for.

In the divorce decree it laid out

which bills went to who and

anything else that was in that

persons name was their

responsibility. That would make

these her responsibility. The

collection agency is saying that the

judgement does not matter since

the bills were while we were

separated and not after the divorce

and that even a new judgement

would mean nothing. Is this true

and how can I fix this? Are they

really above the law?


Asked on 7/13/09, 12:56 pm

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: Medical Bills from Ex

The divorce decree, while binding as between you and your ex-wife, has no effect on creditors. Normally, a spouse is not legally responsible for debts of the other spouse. However, under what is called the "doctrine of necessaries," a creditor can seek payment from the spouse for "necessaries" of the other spouse, such as certain medical or hospital bills. I will assume that the particular medical bills were "necessaries," although that is not a given. But since you were separated when the bills were incurred, you were not an intact family unit and may not be responsible for these bills. The creditor is undoubtedly reciting their standard line to get you to pay, and may not be familiar with this nuance. You might try to reason with the creditor now that you are more informed. I have dealt with this specific issue before. If you require assistance or are sued, feel free to call me.

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Answered on 7/13/09, 7:35 pm


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