Medical bills can create confusion during a divorce, especially when one spouse received the treatment but both spouses were handling money together. A lot of people assume the divorce court will simply divide every bill in half, but that is not always how it works. It often depends on whose name is on the bill, what the spouses agreed to, and how the debt is addressed in the final orders.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC explains how medical bills are handled in divorce. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Medical Bills and Divorce
Are medical bills kind of falling through with divorce? Is the person who got the medical care at that time responsible for all of that? Or can medical bills be put into your divorce?
Medical bills can be put into a divorce by agreement. But again, it is really no different from a creditor from any other part of your life. If it is your medical bill, and you were the person who received the services, contracted for them, and most likely signed as being financially responsible for them, then you are responsible for paying that debt.
But if there is an agreement, it can be included. Parties can reach agreements on all kinds of things that a judge would not necessarily order. So, if both parties agree to handle a medical bill in a certain way during the divorce, that can be included in the agreement.
If a party fails to pay something that was not in their name, then the only recourse for the other party is to take a civil suit against them and seek a judgment.
Why the Name on the Bill Still Matters
One issue people often miss is that divorce does not automatically change the contract with the medical provider. If one spouse signed for treatment and agreed to be financially responsible, that bill may still follow that person, even if the divorce says something else between the spouses. Texas law also says a person is personally liable for the acts of a spouse only in limited situations, such as agency or liability for necessities. That matters because one spouse is not automatically personally liable for every debt connected to the other spouse.
What a Divorce Decree Can and Cannot Do
A divorce decree can decide how spouses must handle debts between themselves, but it does not automatically erase the rights of the outside creditor. The court must divide the estate in a manner that is just and right, and spouses may also enter into a written agreement about property and liabilities. Still, if a medical provider is not part of that agreement, the provider may still look to the person who originally agreed to pay.
Why Clear Language in the Final Orders Matters
Another important issue is how the divorce papers are written. If the order just says one party will pay certain medical bills, but it does not clearly identify the bills, the dates, or how payment will happen, that can create problems later. Clear language can help avoid new disputes after the divorce. Texas law allows enforcement of a property division and approved divorce agreement, so the wording in the final decree matters a great deal.
Medical Bills Involving Children Need Special Attention
Medical bills for a spouse are one issue, but medical bills for children can create a separate problem. Parents should be clear about whether they are talking about unpaid medical debt from the marriage or ongoing medical costs for the child after divorce. Those issues are often handled differently in family law cases, and confusion between the two can lead to mistakes in the final paperwork. It helps to separate past medical debt from future medical expenses so each issue is addressed the right way.
What Does the Texas Family Code Say?
Texas Family Code Section 7.001 says that in a divorce, the court must divide the estate of the parties in a manner the court considers just and right. This does not mean every debt is split equally. It means the court looks at the facts and decides what is fair under the circumstances. That can affect how debt connected to the marriage is handled in the divorce.
Texas Family Code Section 7.006 says spouses may enter into a written agreement concerning the division of property and liabilities. This is important for medical bills because the parties may agree to handle those bills in a way a judge might not otherwise order. If the agreement is approved by the court, it can become part of the divorce decree.
Texas Family Code Section 3.201 explains that a person is personally liable for the acts of the person’s spouse only in certain situations. This supports the idea that one spouse does not automatically become personally responsible for every medical debt of the other spouse just because they are married. That question can depend on who received the services, who signed for them, and whether another rule of law applies.
Texas Family Code Section 3.202 says a spouse’s separate property is not subject to the liabilities of the other spouse unless both spouses are liable by other rules of law. This matters when people assume divorce lets a debt move freely from one spouse to the other. The law places limits on that. So even if debt is discussed in the divorce, liability to the outside creditor is still a separate issue.
Texas Family Code Section 3.402 deals with claims for reimbursement, and Section 7.007 says the court may determine those claims in a divorce and divide them in a just and right way. In some cases, one marital estate may have paid expenses that benefited another estate. While reimbursement claims are very fact-specific, they can come up when one spouse argues that certain payments made during the marriage should be considered in the final division.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Medical bills in divorce are not always as simple as many people expect. The bill may be discussed in the divorce, but that does not always change who the medical provider can pursue for payment. If you have questions about how medical debt may be treated in your case, speak with a Texas family law attorney and get advice based on your specific facts.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How to Handle Holidays After a Divorce: Visitation Tips”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
