Can I Be Sued for My Husband's Medical Bills?

Medical bills can push a family into bankruptcy. According to a study cited by the Associated Press, about half of personal bankruptcy filers cited high medical expenses as the debt that forced them to file. When your husband needs medical care, you typically get the care for him and worry about paying for it later. It can be an unpleasant surprise when a medical creditor sues you for your husband's medical bills under a legal theory known as the "doctrine of necessaries."

Traditional Doctrine of Necessaries

The traditional doctrine of necessaries required a husband to provide for his wife's support in exchange for her domestic services. For example, if a wife charged food and household goods with the village grocer, the grocer could require the husband to pay the wife's debt because the goods were "necessary for the household. Creditors used the doctrine of necessaries to enforce the debt of one spouse, usually a wife, against the other spouse, usually the husband.

Modern Doctrine of Necessaries

The U.S. Supreme Court held that the common law doctrine of necessaries violated the Equal Protection Clause of the Constitution because it was based on gender. State legislatures responded to the Supreme Court's decision by enacting legislation to cover household debts incurred by one spouse. Legislation has resulted in three different positions: the doctrine is abolished altogether; the spouse who incurs the debt is primarily liable for repayment and the other spouse is only secondarily liable or both spouses are equally liable.

Medical Bills

Medical bills are considered a necessary expense, so whether you can be sued for your husband's medical bills depends on how your state treats the doctrine of necessaries. If your state abolished the doctrine, your husband's medical creditors cannot sue you. If your state's law holds the spouse who incurred the debt primarily liable for repayment, your husband's medical creditors may be able to sue you only after they exhaust their remedies against your husband. If your state's law holds both spouses equally liable for necessary expenses, your husband's medical creditors can sue either of you.

Legal Advice

If your husband has medical bills that he can't pay, consult a lawyer in your state as soon as possible to find out how your state treats marital debt under the doctrine of necessaries. You may be able to take action to protect your assets from your husband's creditors if you get legal advice before the creditors begin serious collection efforts against you.