Medical Debt Division: Who Pays?

May 10, 2023
By Alternative Divorce Solutions

Dividing Medical Bills After a Divorce

The processes of separation, dissolution and divorce are often complicated and exhausting.  Add expensive medical bills incurred during your marriage or separation to the equation and you’re bound to need some legal counsel.  Our team of Orange County divorce mediation attorneys at Alternative Divorce Solutions can help you determine if you will have to share the medical debt with your ex or if the circumstance warrant you exempt.  There are certain exceptions to the rule of community property that may apply.  Let us help you work through debt division so that you don’t take on any bills that you don’t have to.

Contact our team today at 949-368-2121.

Are You Responsible for Your Ex’s Medical Bills?

The key factors in determining if you are responsible for medical debt are:

  • the date of initial treatment, hospital stay or medical visit
  • the date on which your physical separation began (if you moved out)
  • the date a legal separation was filed if you still live together 

For example, if you moved out of your marital home and shortly after, your ex went to the hospital and had to be admitted, causing a hefty bill, you are not responsible for the debt that accrues from that event.  Because you were already physically separated, your debt responsibility ended on the day of separation. (Adversely, if your ex got a raise after the date of separation, you are not entitled to that increased amount of income for alimony.)

If medical debt accrued during your marriage, it is considered community property/community debt and it will be split between spouses.  Keep in mind that debt division and asset division is negotiable, so how you choose to split the debts and assets is not always 50/50.  With the help of an attorney from our team, you can divide medical debt in a fair and reasonable way, taking all assets and income into consideration.

Our Orange County Divorce Mediation Lawyers Can Help

If you are facing a divorce or have recently separated, and you are worried about being responsible for your ex’s medical bills, you need to contact our team.  We can help you determine if you will have to share the debt with your ex and if so, we can help work towards a fair agreement. In California, medical debt is considered community property if the medical treatment and subsequent bills occurred during the marriage.  Because of the complicate nature of debt division during separation and divorce, it is key to leave the legalities in the hands of our experienced Orange County divorce mediation attorneys. Let us take on the legal burden so that you can focus on moving forward with your newfound freedom.

Contact our team to discuss your debt division questions at 949-368-2121.


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