Am I Responsible for My Spouse’s Medical Bills when We Divorce?

Utah is what’s called an “equitable division of the debts” state. Equitable means fair, and Utah courts have interpreted fair to mean 50/50, unless there are circumstances that necessitate something different.

One of the most common debts couples have to divide in divorce is medical bills. Medical insurance is expensive, and medical bills, even if you have insurance, can break the bank. Because this type of debt is so common, we often have people ask us something like this: is medical debt incurred for one spouse a marital debt that will be split in divorce?

To answer this question, we first have to see what Utah law says about marital debt. Utah Code, Section 30-2-9 reads:

(1) The expenses of the family and the education of the children are chargeable upon the property of both spouses or of either of them separately, for which expenses they may be sued jointly or separately.

. . . .

(4) For the purposes of this section, family expenses are considered expenses incurred that benefit and promote the family unit. Items purchased pursuant to a written contract or agreement during the marriage that do not relate to family expenses are not covered by this section.

So, family expenses are joint (i.e., 50/50) expenses, and family expenses are those incurred to “benefit and promote the family unit.” It’s hard to imagine how most medical treatment wouldn’t fall under benefitting and promoting the family.

The Utah Supreme Court has talked about this very question, and has said: “It is well established that the costs of . . . medical services . . . are family expenses for which both spouses are liable.” Outsource Receivables Mgmt. v. Bishop, 2015 UT App 41, ¶ 4, 344 P.3d 1167, (quoting N.A.R., Inc. v. Elmer, 2006 UT App 293, ¶ 4 n.2, 141 P.3d 606).

So, yes, without much doubt, medical expenses are marital debt. Now, in the law there are exceptions to every rule, and here it is no different.

Think about a situation in which a spouse has an affair, contracts an S.T.D., and needs medical treatment. That cheated-on spouse will almost certainly not be on the hook for the cheater’s treatment.

So, while there are some limited exceptions, the rule is medical treatment will be divided evenly between people getting divorced in Utah.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 929 reviews
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
Marco is beyond insightful!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts