December 6, 2023

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Am I Responsible for My Spouse’s Medical Debt in Florida?

Medical debt can be a significant financial burden for patients and their families. In Florida, healthcare costs are among the highest in the country, and medical expenses can quickly spiral out of control. One question that many people have is whether they are responsible for their spouse’s medical debt in Florida. The answer is not always clear-cut and can depend on various factors. In this article, we will explore different scenarios, such as when spouses share joint accounts, or when one spouse maintains separate financial accounts, to help you determine whether you are liable for your spouse’s medical debt.

Shared Finances


When spouses share financial accounts or assets, they are typically considered joint owners of those assets. This means that both spouses have equal rights and responsibilities and can access the funds or assets without the consent of the other spouse. In the case of medical debt, if the patient incurred debt while they were married and their spouse’s name appears on the medical bills, the spouse could be held responsible for the debt. This is because, in Florida, spouses are considered equally responsible for each other’s debts if they occurred during the marriage. However, even if the spouse’s name does not appear on the medical bills, their shared financial assets, such as a joint bank account or jointly-owned property, could still be used to satisfy the debt.

Separate Finances

If spouses keep their finances separate, they may be less likely to be responsible for their spouse’s medical debts. In Florida, a creditor cannot pursue debt collection from one spouse’s separate property or assets unless both spouses are listed as co-signers to the debt. If only one spouse incurs medical debt, and the other spouse is not a co-signer, the creditor cannot obtain a judgment against the second spouse, and that spouse’s separate property and assets are safe.

However, the situation may change if the couple lives in a common law state. As of 2021, Florida is not a common law state, but if the couple has lived in a common law jurisdiction, the rules regarding liability for debts may be different. In common law states, any debts incurred by either partner during the marriage are considered the responsibility of both partners, regardless of who incurred them. This means that even if one spouse was not a co-signer to the debt, they could still be held responsible.

Lawsuits and Judgments

If a creditor sues an individual for medical debt, they must follow the proper legal channels to obtain a judgment in their favor. In Florida, the statute of limitations for medical debt collection is five years from the date of service. This means that after five years, the creditor can no longer file a lawsuit to collect the debt. However, if the creditor does file a lawsuit and obtains a judgment, the spouse’s joint or separate assets may be at risk.

If the judgment is against both spouses, the creditor can seize the couple’s joint assets to satisfy the debt, even if only one spouse incurred the debt. Additionally, even if the judgment is against the spouse who incurred the debt, any joint assets can still be seized to satisfy the debt. In such cases, the non-debtor spouse may have to take legal action to protect their assets, which can become a complex and costly process.

Frequently Asked Questions

Q. Can the hospital refuse to treat my spouse if they cannot pay?
A. No, healthcare providers must provide emergency treatment to anyone who needs it, regardless of their ability to pay. However, hospitals may require payment for non-emergency services before providing treatment.

Q. Do I have to pay my spouse’s medical bills if we are separated?
A. If you were separated, but not legally divorced, at the time the debt was incurred, it may be considered a marital debt. In Florida, marital debts are the responsibility of both spouses, even if they are separated.

Q. Can the hospital garnish my wages if my spouse owes medical debt?
A. Yes, if a creditor obtains a judgment against you and your spouse, they can garnish your wages to satisfy the debt.

Q. What should I do if I am being sued for my spouse’s medical debt?
A. It is important to seek the advice of a qualified attorney immediately. An attorney can help you evaluate your options and determine the best course of action to protect your assets.


Medical debt can be challenging to navigate, especially when determining liability for spouses. In Florida, the rules are clear – spouses are typically considered equally responsible for each other’s debts incurred during the marriage. However, if spouses keep their finances separate or live in a non-common law jurisdiction, the rules may be different. If you are unsure about your responsibilities or facing legal action for your spouse’s medical debt, it is essential to seek the assistance of a qualified attorney who can guide you through the legal process and help protect your assets.

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Article Summary:

In Florida, spouses are generally considered equally liable for each other’s medical debt when incurred during the marriage. This includes debt incurred by one spouse if both names appear on the bills or if they have joint assets. However, if spouses keep separate finances, the non-debtor spouse’s separate assets cannot be pursued by the creditor unless they are listed as a co-signer to the debt. In common law states, both partners are liable for any debts incurred during the marriage, regardless of who incurred them. If sued, a creditor can seize joint or separate assets to satisfy the debt, even if only one spouse incurred the debt. Seeking legal advice is recommended to navigate the complexities of medical debt liability.

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