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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16108
Experience:  Licensed Texas General Practice Attorney
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Hi, I am new to Florida and newly married. I am purchasing

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Hi, I am new to Florida and newly married. I am purchasing health insurance for myself (as a non-smoker) but do not want to purchase for my non-employed, smoking husband. If he requires hospitalization or should die, am I responsible for his medical bills?
Thanks so much for your time.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, you will not have any personal responsibility for your spouse's medical costs. Florida used to have a rule that said the husband was responsible for the wife' s debts. Since there was not an equivalent rule holding the wife responsible for the husband's debts, the statute was declared unconstitutional. Today, the answer depends upon who signed the paperwork agreeing to pay for the medical services. If one spouse did not agree to pay the other's spouse's debt, the creditor can't collect against the first spouse.

ScottyMacEsq :

Now that being said, the creditor CAN collect against the assets of your spouse, so it's entirely possible that he might not actually "leave" you anything, but the creditors cannot come after you for his medical costs and payment for those bills.

ScottyMacEsq :

There's absolutely no law or legal requirement that you buy insurance for a spouse.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

But can they come after our assets that are in both of our names?

Customer:

If I understand your answer correctly, they cannot as long as I haven't signed taking responsibility for his bills?

ScottyMacEsq :

Yes, but it's very difficult for them to "perfect" any judgment against joint owned property.

ScottyMacEsq :

Basically what they would have to do is to sue, get a judgment against him, and IF they were to foreclose any interest that he had, all they would do would be to get half of what he owned.

ScottyMacEsq :

(they couldn't take your half, and what that means is that they almost certainly would never try to get his half)

ScottyMacEsq :

They can't take that property away from you, so the most that they would get would be 1/2 ownership in something that they could not turn around and sell, etc...

Customer:

ok...thanks so much. You have been very helpful and I will leave very positive feedback! have a great day.

Customer:

one more!! should I put everything solely in my name for added protection?

ScottyMacEsq :

You could, certainly. That might result in some marital issues, but as a form of asset protection, that makes it less likely that they would ever even discover these assets, much less pursue them.

Customer:

Great. The marital issues will be greater if he doesn't get his butt to work!! Thanks again. I really appreciate your assistance.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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