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medical coverage - separate, not legally

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BullsRFun

Guest
What is the name of your state?Oklahoma

My question is this, if I drop my wife from my medical coverage and she inccurs medical debts am I liable.

We're separated, not legally. She just bailed when I was at work.

She told me to take her off my coverage, though she has none of her own.

I am in Oklahoma, she in California.

Thanks
 


JETX

Senior Member
BullsRFun said:
She told me to take her off my coverage, though she has none of her own.
Did she put this in WRITING???

I am in Oklahoma, she in California.
OK is not a community property state, but California is. And though you likely do NOT have a legal obligation to pay her medical bills (in OK), it is possible that a California creditor could at least attempt to pursue against you (per THEIR community property laws). I would suggest you try to get a 'release' from her in writing, or at least review the risk of a potential claim (versus the insurance cost) before simply removing her coverage.
 

LdiJ

Senior Member
JETX said:
Did she put this in WRITING???


OK is not a community property state, but California is. And though you likely do NOT have a legal obligation to pay her medical bills (in OK), it is possible that a California creditor could at least attempt to pursue against you (per THEIR community property laws). I would suggest you try to get a 'release' from her in writing, or at least review the risk of a potential claim (versus the insurance cost) before simply removing her coverage.
Indiana isn't a community property state either, however I was informed by several attorneys (during my long separation from my ex, prior to divorce) that I could indeed be held liable for his medical expenses if he was uninsured.
 

JETX

Senior Member
LdiJ said:
Indiana isn't a community property state either, however I was informed by several attorneys (during my long separation from my ex, prior to divorce) that I could indeed be held liable for his medical expenses if he was uninsured.
And what does THAT mean to the writer who's relevant states are Oklahoma and California???
My post is correct... yours is not relevant. :D
 

djohnson

Senior Member
LdiJ said:
Indiana isn't a community property state either, however I was informed by several attorneys (during my long separation from my ex, prior to divorce) that I could indeed be held liable for his medical expenses if he was uninsured.

I think what she is trying to say here is that like Indiana and Tennesse even though it isn't a community property state, there is still a state law that says you are responsible for your spouse's necessities and defines necessities as food, utility, and medical. Just because one state isn't community property, doesn't make him off the hook in that state either if it has the same law. I don't know if it does or not, but should be looked into before canceling the insurance even with her waiver.
 

JETX

Senior Member
And what she and YOU are confused about is that it doesn't matter since the writer and his spouse live in separate states.... no one state, especially one where the party does NOT live (therefor, no jurisdiction over him) and cannot force him to pay the debts incurred by the other party..... in the other state.
 

djohnson

Senior Member
So your saying if I develop bad credit in one state then move to another state, the original state can't collect from me? If both states allows for it, (still need to see if OK has that law or it doesn't matter anyway) then I would think it could be carried over.

I'm not arguing, just asking. I only know how this works with my state, and have actually seen it in court go different ways depending on the circumstances. Asking more for my knowledge for the future than trying to be contradictive, sorry if it came off that way.
 

JETX

Senior Member
djohnson said:
So your saying if I develop bad credit in one state then move to another state, the original state can't collect from me?
Come on... you are smarter than that, aren't you?? And you can read I presume?? Where does it even suggest that in this thread????

The FACTS are.... the writer and his spouse are separated... each living in different states. If the spouse incurs debts in HER state (California), medical or not, her spouse in Oklahoma is NOT obligated for her debt.
 

djohnson

Senior Member
They aren't legally separated. They are still married and it doesn't mention that they have even started proceedings for a divorce. Let's say it's TN instead of OK since I know it's a law here and haven't been able to verify if it is there or not. If my spouse goes to CA for what ever reason and has to go to the hospital, they could come after me in TN right? Would legal residence make a difference? If that spouse was just visiting or living there, because from what is said it seems like she just went there.
 

JETX

Senior Member
djohnson said:
They aren't legally separated.
Most states don't have a process of 'legal' separation.

They are still married and it doesn't mention that they have even started proceedings for a divorce.
Not relevant... they have separate households. Under your scenario, lets say that a couple are living happily in Tennessee. Lets say that one night, the husband goes 'out for cigarettes' and isn't seen or heard of for 10 years. He has moved to California, rented an apartment, starting his own life. However, he has a heart attack and incurs $100,000 in medical bills in California. Are you really telling me that, in your opinion, the wife back in Tennessee (still waiting for him to return from the 'store'), would be obligated for his bills???
Of course not.

Let's say it's TN instead of OK since I know it's a law here and haven't been able to verify if it is there or not. If my spouse goes to CA for what ever reason and has to go to the hospital, they could come after me in TN right?
Yes. But you are missing the fact that they have separate households... she isn't just their 'visiting'.
 
B

BullsRFun

Guest
No, there is no legal separation. I came home from work. The house was cleaned out and she gone. The house we had just sold, and all of the proceeds of course.

She has until Feb. to meet CA residency. Actually, lame as it sounds I don't want a divorce. But what will, will be.

Really, I don't want to leave her with no coverage. But hey it's money I need now.

And no, OK is not "community property".
Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep: (1) the property owned by him or her before the marriage and (2) any gifts or inheritances acquired during the marriage. All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner.

Any, my original understanding was I would be liable. Hey somebody will sue somebody for anything.

Thanks
 

LdiJ

Senior Member
BullsRFun said:
No, there is no legal separation. I came home from work. The house was cleaned out and she gone. The house we had just sold, and all of the proceeds of course.

She has until Feb. to meet CA residency. Actually, lame as it sounds I don't want a divorce. But what will, will be.

Really, I don't want to leave her with no coverage. But hey it's money I need now.

And no, OK is not "community property".
Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep: (1) the property owned by him or her before the marriage and (2) any gifts or inheritances acquired during the marriage. All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner.

Any, my original understanding was I would be liable. Hey somebody will sue somebody for anything.

Thanks
JETX may be correct. However, if OK has a law like the one in Indiana or Tennessee I can almost guarantee that medical providers would go after you if she is uninsured. Maybe they would eventually lose in court but they could sure make your life complicated in the meantime. I have a cousin who went through this in IL...is was NOT pretty.

Also, you should make sure that you are technically PERMITTED to cancel her health coverage. In IN a separated/divorcing spouse isn't even permitted to cancel the other spouse's medical insurance until the divorce is final. So that is another area of law you should research before doing anything.

Personally...I wouldn't cancel the insurance. Not until the divorce is final. What if somehow you DO get back together...and she has racked up some medical bills? I realize it appears unlikely, but you do seem to want that and stranger things happen. I just don't think its worth the risk.
 

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