Legal Question in Credit and Debt Law in Pennsylvania

when can a spouse declare they are no longer responsible for their partners debts


Asked on 12/01/16, 7:35 am

1 Answer from Attorneys

I don't know the answer. Is this a trick question? A spouse is never liable for another spouse's debts with some exceptions. There is the doctrine of necessaries. Most states have it in some form as long as you are married and holds a non-patient spouse liable for the patient spouse's medical debts if the patient spouse does not pay. The other is that upon death, a surviving spouse may be indirectly liable since the deceased's spouse's debts must be paid out of the deceased spouse's probate estate before the survivor can inherit anything other than the family exemption.

For parties contemplating divorce, they need a marital separation agreement which specifically indicates that neither spouse is obligated for the other's medical debt or necessaries. And I would make sure that if either spouse needs medical care to tell the hospital, healthcare provider or physician that there is a separation and a separation agreement and that the other non-patient spouse is not liable. Then I would follow up with the actual divorce when the separation period is met.

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Answered on 12/01/16, 12:45 pm


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