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Separated: Obligations for debts

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rcl2009

Junior Member
What is the name of your state (only U.S. law)? North Carolina
I currently reside in North Carolina and have since May 19, 2009.

I have a legal separation document dated March 23, 2004 filed in South Carolina. My wife and I began living in separate housing after May 13, 2009.

Our separation agreement states that I will maintain health insurance coverage for her until 30 days after she left the US, which was May 13, but does not state anything about medical bills.

Currently there are approximately $2000 in outstanding bills due in her name to several doctors and labs for various tests. Most of this outstanding is for co-pays and deductibles. All outstanding bills are dated on or after April 22, 2009. These bills are coming to my new address in her name due to mail forwarding. At the time of the procedures she was a dependent on my company health insurance.

Can I be held liable for these outstanding bills?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? North Carolina
I currently reside in North Carolina and have since May 19, 2009.

I have a legal separation document dated March 23, 2004 filed in South Carolina. My wife and I began living in separate housing after May 13, 2009.

Our separation agreement states that I will maintain health insurance coverage for her until 30 days after she left the US, which was May 13, but does not state anything about medical bills.

Currently there are approximately $2000 in outstanding bills due in her name to several doctors and labs for various tests. Most of this outstanding is for co-pays and deductibles. All outstanding bills are dated on or after April 22, 2009. These bills are coming to my new address in her name due to mail forwarding. At the time of the procedures she was a dependent on my company health insurance.

Can I be held liable for these outstanding bills?
How is it that you have a separation agreement dated 2004, but you only physically separated in 2009?
 

rcl2009

Junior Member
Oops!
Thanks for your reply
That was a typo - the separation agreement is dated March 2009!
Maybe now that I have the right info I will get more answers!
 

mistoffolees

Senior Member
Oops!
Thanks for your reply
That was a typo - the separation agreement is dated March 2009!
Maybe now that I have the right info I will get more answers!
You should not be liable for bills in her name after the legal separation agreement was filed unless they are specifically addressed in the separation agreement OR other contractual documents.

As an example, while you were married, you may have signed an agreement stating that you would pay for her medical expenses. That agreement remains in effect until you cancel it. The medical provider is relying on your agreement to pay their bills and they're not a party to the divorce.

I would contact the medical provider with a copy of the separation agreement and explain that you are not responsible and give them any information you might have on how to contact your ex. If you haven't signed any agreements, that should be enough to get them to leave you alone(*). If you've signed an agreement saying that you'll pay, they'll send you a copy - and you need to pay, but make sure you tell them you will no longer be responsible for future expenses.

* Bill collectors are extremely aggressive and may not leave you alone even if legally they have no claim against you. Make sure you send your documentation certified mail and keep the receipt. If they don't leave you alone after you have given them sufficient evidence that you're not liable, then you may have to fall back on your consumer protection statutes - or it may be worth spending a little on an attorney to have him send them a very strongly worded letter.
 

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