Can my husband’s medical debt be garnished from my wages after separation?

Full question:

As part of our divorce proceedings, attorney's for my husband and I drew up a Legal Separation Agreement which we both agreed on and signed. Agreement was filed with the courts. I recently learned I had a garnishment placed on my wages for co-pay charges due to a medical center. I faxed over Legal Separation Agreement to law firm where the agreement stated that my husband "assumes all responsibility for his Medical bills and debts relating to his medical condition, living expenses and debts incurred after March 1, 2003." Separation Agreement goes on to say "He agrees to release at this time Me from all liability." It, of course, then says I am responsible for my all my bills and indebtedness incurred, etc. Thinking this would resolve the situation I called the law firm handling case for the hospital to ensure they received the information and give them release information. They informed me the garnishment would proceed as I was still responsible for his hospital debt of $2,345.00 since I was the carrier of the insurance.

• Category: Debts and Credit
• Date: 04/07/2025
• State: Kansas

Answer:

The hospital is not bound by your separation agreement because they were not a party to it. They will focus solely on the insurance contract terms. Since you are the responsible party on the insurance, they can pursue collection from you. Generally, one spouse is not liable for the other's debts unless certain conditions apply, such as being an authorized user, surety, guarantor, or co-signer, and unless the couple resides in a community property state. However, in community property states, creditors may pursue jointly held assets, like a bank account in both names. If your spouse agrees to pay a joint credit card debt but fails to do so, the bank may sue you for that debt. State laws vary regarding debt responsibility based on when the debt was incurred, who incurred it, and the purpose of the debt.