Georgia divorce attorneys are often asked whether a party will remain responsible for an ex-spouse’s personal medical debt after the divorce is final. There are two answers to this question.First, if the party signed a document with the medical provider agreeing to pay part of the bill, then yes, that party could still be liable after the divorce.
The second answer depends on what is in the divorce settlement agreement about debts listed and not listed. Many settlement agreements state that a party is solely liable for debts incurred by that party. However, if the medical provider sues you for the debt, and the settlement agreement lists your ex-spouse as being responsible for it, then you must file a third party lawsuit against your ex-spouse to pull him/her into the lawsuit as well. If your settlement agreement is clear enough, you may also want to file a contempt action against your ex-spouse for failing to pay the debt according to the settlement agreement.
By Patrick L. Meriwether, Partner, Meriwether & Tharp, LLC