11-27-2012 09:19 AM - edited 11-27-2012 09:54 AM
I am in the middle of a divorce. Husband moved out in January, is a complete deadbeat. Since divorce is not final, I have been unable to remove him from the medical insurance I carry through my employer without a "qualifying event" until next year. I just found out he had surgery last week. We have a $2500 deductible that will need to be met, then we only pay 10% after that. My question is can I be held liable for any portion of his surgery that he did not pay? He does not pay his bills, so I know it will not be paid by him. I have worked very hard to improve my credit and plan on buying a house as soon as my divorce is final. I cannot afford for any surprises to show up on my credit report. I have searched the internet and gotten conflicting information. Does anyone have experience with this? I live in Oklahoma.
11-27-2012 09:41 AM - edited 11-27-2012 09:42 AM
Family Law code will be very different in your state and mine. You won't find much help from anyone that isn't familiar with OK Family Law.
When did you file for divorce? Does that have typical language preventing either party from incurring debts? Have you persued a court order requiring him to get a job?
It will probably be very important that when the Judgement of Dissolution is filed that there is language stating that the marriage ended at Date of Separation, hopefully meaning January.
11-27-2012 10:23 AM
Yes, I agree that it is important in your divorce decree to have further debt obligation clearly specified. That will permit you, should he use accounts or insurance in a manner contrary to that decree, to pursue legal action against him. However, as long as both consumers are still included under the account agreement with the creditor/insurer, they will seek recovery against both. They are not bound to sever responsibility based on stipulations in your divorce decree.
And, of course, even your divorce decree wont be retroactive. You are still married, with joint responsibility. If you wish to prevent his use of any account/insurance prior to that decree, then separate legal restraining order must be sought.
I would suggest consulting your divorce atty for any interim legal restraints you desire.