dispute over credit card charge during divorce

[adamisred]

I live in VA. My wife (at the time) was under my health insurance while in the middle of the divorce. About a month before the divorce was final she purchased a prescription under my insurance (to get it cheaper) but used her personal credit card. The bill is being sent to me as the address on file with the insurance is mine. Does she have the legal responsibility to pay this bill as it was her personal credit card used? The bill clearly shows the last four numbers of her card and i called the company and they said she cancelled the payment, so by default they send the bill to me.

Just seeing if she has to pay for her own bill even though i am the primary on the insurance.

Any help is appreciated.

Thanks,
Adam

 

[LdiJ]

I live in VA. My wife (at the time) was under my health insurance while in the middle of the divorce. About a month before the divorce was final she purchased a prescription under my insurance (to get it cheaper) but used her personal credit card. The bill is being sent to me as the address on file with the insurance is mine. Does she have the legal responsibility to pay this bill as it was her personal credit card used? The bill clearly shows the last four numbers of her card and i called the company and they said she cancelled the payment, so by default they send the bill to me.
Just seeing if she has to pay for her own bill even though i am the primary on the insurance.

Any help is appreciated.

Thanks,
Adam

How did she cancel the payment? You can challenge a credit card transaction but if it was a valid transaction, you cannot just cancel it...at least not permanently. Who was the prescription for?

However, its not uncommon for the insured to be billed when there are unreimbursed expenses.

 

[justalayman]

what did the divorce decree say to matters similar to this e.g. her outstanding medical bills?

Outside of the divorce directives, the bill is hers. Even under the doctrine of necessaries a non-emergency medical bill is hers and hers alone as long as you were living apart.

§ 55-37. Spouse not responsible for other spouse's contracts, etc.; mutual liability for necessaries; responsibility of personal representative.

Except as otherwise provided in this section, a spouse shall not be responsible for the other spouse's contract or tort liability to a third party, whether such liability arose before or after the marriage. The doctrine of necessaries as it existed at common law shall apply equally to both spouses, except where they are permanently living separate and apart, but shall in no event create any liability between such spouses as to each other. No lien arising out of a judgment under this section shall attach to the judgment debtors' principal residence held by them as tenants by the entireties.

(Code 1919, § 5134; 1932, p. 22; 1984, c. 504; 1985, c. 202.)

the fact you are the covered employee of the insurance is irrelevant. That does not cause you to be liable for any debt incurred simply because it is another party covered under your policy.

 

[adamisred]

the prescription was for her.

over the years her personal credit card was the one on file with the company cause she was the only one that got sick or used it at all. I'm not sure why they didn't just charge her card for it initially. But when I called the company the first time I got the bill to dispute me getting and having to pay for it, they told me a card was already on file (which was hers). So I said to go ahead and charge it to that card. They did. I called a few days later to confirm and they said it was settled and good. I'm now finding out she must've called and cancelled that charge after I authorized it. So here we are back at the beginning.

 

[justalayman]

well, you cannot authorize a charge to her card.

Regardless, the bill is hers. Tell them to send it to her.*



unless your insurance policy somehow makes the policy holder liable for expenses of all covered entities on the policy. Even that would be disputable since this really has nothing to do with your insurance. It has to do with your ex being liable for her bills which are the result of a contract (for sale) between her and the merchant.

 

[adamisred]

thank you so much for your information.

 

[LdiJ]

well, you cannot authorize a charge to her card.

Regardless, the bill is hers. Tell them to send it to her.*



unless your insurance policy somehow makes the policy holder liable for expenses of all covered entities on the policy. Even that would be disputable since this really has nothing to do with your insurance. It has to do with your ex being liable for her bills which are the result of a contract (for sale) between her and the merchant.

I agree with you but this still doesn't make sense to me. When you have prescription coverage you have a copay, and the pharmacy does not let you leave with the prescription without paying your copay.

So I don't understand how this even happened in the first place.

 

[ecmst12]

Mail order pharmacy, I am guessing.

Seriously though, how much is the bill? $100?