Medical Debt State Laws

The first two charts highlight the state laws related to medical debt including how it may or may not affect your credit score and when debt collectors can begin trying to collect debt from you. This chart states whether spouses are responsible for the other's medical debt and includes information about the state law on spousal medical debt. Check back often, as this chart is updated frequently.

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StateState Law on Medical Debt #1State Law on Medical Debt #2State Law on Medical Debt #3
ALABAMA
ALASKA
ARIZONAThe amount of interest you have to pay on medical debt won't be more than 3% per year.https://www.azleg.gov/ars/44/01201.htm
ARKANSASIf it's been 5 years since you either received medical treatment or made a partial payment towards your medical bills, you can no longer be asked to pay back that debt.https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FAssembly%2FMeeting+Attachments%2F630%2F26075%2FExhibit+F.pdf
CALIFORNIAMedical debt collectors can only ask your employer if you have health insurance or if you or your lawyer say it's okay.https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.&part=4.&chapter=&article=2.
COLORADO(a) The amount of interest you have to pay on medical debt won't be more than 3% per year. (b) If you're currently appealing a decision with your health insurance, debt collectors are not allowed to try and collect the medical debt. (c) Within 5 days of first getting in touch with you, debt collectors must give you detailed information about what you owe. (d) If a debt collector or the original creditor decides to take you to court over medical debt, they must give you a detailed bill that includes: the medical costs, how much you owe, when you last made a payment, and when those costs happened.https://leg.colorado.gov/sites/default/files/2023a_093_signed.pdf(e) Your credit score won't be affected by medical debt.https://leg.colorado.gov/sites/default/files/2023a_1126_signed.pdf
CONNECTICUT
DELAWARE(a) Hospitals or those collecting medical debts can't add extra charges like interest or late fees. (b) If you owe $500 or more in medical bills, you should be offered a plan where you pay no more than 5% of your monthly income each month, without needing to show how much you earn. Also, they can't add on any extra fees that aren't part of your medical care. (c) Those you owe medical debt to can't have you arrested, take your home, or take money from your paycheck, bank account, retirement funds, or any benefits you receive to pay off the debt. (d) Before your medical debt can be reported to credit agencies, the ones you owe have to wait a year after your first bill was sent or three months after your last payment, and then they must send you one more bill. (e) While you're appealing an issue with your health insurance, hospitals or debt collectors can't demand payment, report you to credit agencies, or sue you over the unpaid bills.https://legis.delaware.gov/BillDetail/130102
*DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO(a) Doctors and healthcare facilities have to: i) Send in the details of your visit and any charges to whoever is covering the costs (like insurance) within 45 days after you've seen them. ii) Give you a detailed bill that shows exactly what you're being charged for and who is charging you, within 60 days after your visit. (b) For the first 60 days after you've received your bill, you won't have to pay any extra charges like interest or late fees on any unpaid amounts. (c) After giving you a final notice about what you owe, providers have to wait 90 days before they can start any actions to collect the debt. (d) If your case goes to court, you won't be responsible for paying more than double what you originally owed, or $750, whichever amount is smaller, in additional costs, expenses, and legal fees.https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2022/legislation/H0774.pdf
ILLINOIS(a) Hospitals can't pursue collection actions if you don't have insurance until they've: i) checked if you can get help through public health insurance or other financial aid, ii) helped you or let you apply for this financial aid, iii) given you a chance to check your medical bill for mistakes, and iv) offered you a payment plan that you can reasonably afford. (b) Medical providers can't go after you for payment if you're uninsured and you've: i) worked honestly with the hospital, ii) told them about your money problems, and iii) clearly shown that you really can't afford to pay your medical bills.https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2798&ChapterID=21
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINEDebt collectors can only tell credit agencies about your child's medical bills if: i) a court or agency has officially decided you're responsible for the bills, ii) the collector knows about this decision, and iii) they've tried to let you know about the debt.https://www.mainelegislature.org/legis/statutes/10/title10sec1310.pdfDebt collectors can't try to get medical debt from you if they know you might get free or charity care. However, if they find out you don't qualify for that care, they can start trying to collect the debt again.https://legislature.maine.gov/statutes/32/title32sec11013.pdfDebt collectors can only tell credit agencies about your child's medical bills if: i) a court or agency has officially decided you're responsible for the bills, ii) the collector knows about this decision, and iii) they've tried to let you know about the debt.https://www.mainelegislature.org/legis/statutes/10/title10sec1310-H.p+D23df
MARYLANDIf your insurance doesn't cover all of your medical bill, or if you don't have insurance, hospitals have to offer you help through a financial assistance program.https://hscrc.maryland.gov/Documents/Work%20Group%20Uploads/Hospital%20Free%20Care%20Refunds/19-214.1.pdf
MASSACHUSETTS
MICHIGAN
MINNESOTABefore a hospital decides you can't get financial help or says no to giving it to you, they can't: i) make you charge more than $500 on a credit card for medical bills, ii) refuse to give you medical care, or iii) suggest you use a credit plan to pay off your medical bills.https://www.revisor.mn.gov/statutes/cite/144.587Hospitals can't take money directly from your paycheck if: i) you've told them you can't pay your entire bill at once, and ii) they haven't offered you a way to pay over time.https://www.revisor.mn.gov/statutes/cite/144.588
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADAA debt collection agency has to let you know at least 60 days before they start trying to collect the debt from you.https://www.leg.state.nv.us/nrs/nrs-649.html#NRS649Sec366(a) Just because you pay part of a medical bill doesn't mean you're saying it's all your fault or that you give up any rights to argue against the rest of the bill. (b) People collecting medical debts can't: i) use something you said admitting you owe the money against you in court, ii) take you to court over medical bills if the amount you owe is less than $10,000, and iii) add on or ask for a fee that's more than 5% of the original amount you owe.https://www.leg.state.nv.us/nrs/nrs-649.html#NRS649Sec367
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO(a) When you pay off part of your medical debt, whoever you paid—whether it's the collection agency or the hospital—has to give you a receipt that proves you made the payment. They need to do this within 30 days after your payment was put towards your debt. (b) If you're struggling financially and considered low-income, they're not allowed to try to make you pay your medical bills. (c) You can't be made to give up your right to argue against a medical bill before there's a dispute to argue about. (d) If a hospital or a debt collector breaks the rules of the Patients' Debt Collection Protection Act, you have the right to complain about them through the Attorney General's complaint process.https://www.nmlegis.gov/Sessions/21%20Regular/final/SB0071.pdf
NEW YORKIf someone wants to take legal action to make you pay a medical bill, they have to start this process within 3 years from when you received the treatment.https://www.nysenate.gov/legislation/laws/CVP/213-DThey can't take money directly from your paycheck to pay off medical debt unless you meet certain earning thresholds.https://www.nysenate.gov/legislation/laws/CVP/5231
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGONIf you qualify for financial help, your medical debt won't have any interest added to it. If you don't qualify for this help, they can't charge you more than 5% interest per year on your medical debt.https://oregon.public.law/statutes/ors_646a.677
PENNSYLVANIA
*PUERTO RICO
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT(a) Big hospitals and clinics have to tell patients about programs that can help them pay their bills if they're struggling financially.https://legislature.vermont.gov/statutes/section/18/221/09484(b) These large medical centers are not allowed to sell the debt you owe them to someone else.https://legislature.vermont.gov/statutes/section/18/221/09485(c) If you qualify for financial help, the hospital must give you a plan to pay back your bill without any extra interest, and your monthly payments can't be more than 5% of your total monthly income before taxes.https://legislature.vermont.gov/statutes/section/18/221/09483
VIRGINIA
WASHINGTON(a) Hospitals and clinics can't sell your medical debt to anyone else until at least 120 days have passed since they first billed you.https://app.leg.wa.gov/rcw/default.aspx?cite=70.54.470(b) The interest added to your medical debt before any court decision is made can't be more than 9%.https://app.leg.wa.gov/RCW/default.aspx?cite=19.52.010(c) Hospitals are required to have a policy in place to provide care for free or at a reduced cost to people who can't afford to pay.https://app.leg.wa.gov/rcw/default.aspx?cite=70.170.060
WEST VIRGINIA
WISCONSIN
WYOMING
*GUAM

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StateState Law on Medical Debt #1Summary of Medical Debt Law #1State Law on Medical Debt #2Summary of Medical Debt Law #2State Law on Medical Debt #3Summary of Medical Debt Law #3
ALABAMA
ALASKA
ARIZONAArizona Proposition 209, Healthcare Debt Interest Rate Limit and Debt Collection Exemptions Initiative (2022)https://ballotpedia.org/Arizona_Proposition_209,_Healthcare_Debt_Interest_Rate_Limit_and_Debt_Collection_Exemptions_Initiative_(2022)• Limits interest on medical debt to no more than 3% • Increases the amount of value for certain property and earnings exempt from attachment, execution, forced sale, and any other debt collection processes
ARKANSAS
CALIFORNIAAB-1020 Health care debt and fair billing.https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1020• Hospitals must offer payment plans to patients eligible for financial assistance • Hospitals cannot charge interest on medical debt payment plans for patients eligible for financial assistance • Hospitals must notify and send an application for financial assistance to a patient prior to sending a medical bill to collections • Hospitals cannot sell medical debt unless the patient is ineligible for financial assistance or the patient has not responded to attempts to bill or offer financial assistance for 180 days • Prohibits debt collection before 180 days after the initial billing, regardless of the patient’s financial status
COLORADOHealth-care Billing Requirements For Indigent Patients (HB-21-1198)https://leg.colorado.gov/bills/hb21-1198• Extends charity care requirements to all health care facilities, not just hospitals • Hospitals must offer payment plans to patients eligible for financial assistance; monthly payments cannot exceed 4% of monthly gross income and can only be required for up to 36 months • Hospitals cannot charge interest on medical debt payment plans for patients eligible for financial assistance and is limited to 3% for those not eligible for financial assistance • Medical bills must be considered paid in full after 36 months • Hospitals must notify patient before sending a medical bill to collections • Hospitals must screen patients for financial assistance before sending medical bills to collection • Collection actions must stop if patients are found eligible for financial assistance or MedicaidMedical Debt Credit Reporting Protections (HB 23-1126)https://leg.colorado.gov/bills/hb23-1126• Medical debt cannot be included on credit reportsProhibit Collection Hospital Not Dislcosing Prices (HB 22-1285)https://leg.colorado.gov/bills/HB22-1285• Hospitals or other debt collectors cannot start or pursue collections against a patient for medical debt if the patient received services when the hospital was not in material compliance with federal hospital price transparency laws
CONNECTICUTPublic Act 21-129 An Act Concerning Hospital Billing and Collection Efforts By Hospitals And Collection Agencieshttps://fastdemocracy.com/bill-search/ct/2021/bills/CTB00020983/• Hospitals and other entities “affiliated with” or “owned by” hospitals must follow billing and collection laws • Prohibits interest on medical bills for patients at or below 250% of the FPL and ineligible for public insurance programs; Limits interest on hospital services to 5% for all other patients • Hospitals and collection agencies cannot initiate an action to foreclose a lien on a patient’s primary home; garnish a patient’s wages if the patient is eligible for financial assistance; must wait one year to report medical debt to a credit rating agency • Hospital must stop all collection efforts once they are aware that a patient is eligible for any program that would reduce a patient’s responsibility for costs of services provided by the hospital
DELAWARE
*DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHOThe Idaho Patient Act (48-301)https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title48/T48CH3.pdf• Prohibits interest on medical bills for 60 days after sending the final billing statement to patient after the insurance has paid and all appeals have been exhausted • Hospital cannot sell medical debt for 60 days following sending the billing statement to patient after the insurance has paid and all appeals have been exhausted • Medical debt cannot be reported to credit reporting agencies for 90s following sending the billing statement to patient after the insurance has paid and all appeals have been exhausted
ILLINOISProtect Illinosians from Unfair Medical Debt (HB 2719)https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2719&GAID=17&DocTypeID=HB&SessionID=112&GA=103• Hospitals must screen all uninsured patients for public health insurance program coverage and financial assistance eligibility provided by the hospital • Hospitals must offer to screen insured patients for hospital financial assistance eligibility provided by the hospital if the patient requests to be screened, the hospital is contacted in response to a bill, or the hospital learns information that suggests an inability to pay • Hospitals must offer payment plans to patients • Hospitals must offer reasonable payment plans and wait 30 days and for any pending financial assistance decisions before sending a medical bill to collectionsHospital Uninsured Patient Discount Act (210 ILCS 89)https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3001&ChapterID=21• Interest is prohibited on medical bills exceeding $300 for uninsured patients who are eligible for financial assistance
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINEMaine Consumer Credit Code (5-116-A)https://www.mainelegislature.org/legis/statutes/9-A/title9-Asec5-116-A.html• Health care provider must notify patients of any payment arrangments available to satisfy a debt for health care services • Debt collectors cannot charge interest on medical bills unless agreed upon in writing
MARYLANDMedical Debt Protection Act of 2021 (HB 565)https://fastdemocracy.com/bill-search/md/2021/bills/MDB00022522/#actions• Hospitals must offer income-based repayment plans • Prohibits interest on medical bills for patients eligible for the state-run HSN program • Hospitals must reimburse patients from 2017-2012 that qualified for free hospital care but were wrongfully pursued by debt collectors
MASSACHUSETTSAn Act Preventing Unnecessary Medical Debthttps://malegislature.gov/Bills/190/H2222.Html• Hospitals must offer payment plans to patients eligible for the state-run Health Safety Net (HSN) program • Interest on medical bills for patients eligible for the state-run HSN program is prohibited • HSN providers are limited in pursuing medical bill collections for HSN-eligible services
MICHIGAN
MINNESOTAMinnesota Session Laws Ch. 70 - S.F. No. 2995https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/70/• Hospitals must offer patients who are unable to pay their entire medical bill a reasonable payment plan before the hospital can pursue collections or refer the bill to a third-party • Hospitals must screen all patients for Medicaid and financial assistance • Hospitals cannot refer a medical bill to a third-party while a financial assistance application is pending • Hospitals cannot report patients to credit reporting agencies for failing to pay a medical bill
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADANevada Senate Bill 248https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7770/Overview• Interest on hospital bills is limited to 2% + the prime rate of the largest bank in the state • Hospitals must wait 30 days after the patient’s insurer provided a determination on the claim and the patient was sent a bill before they can begin collections efforts • Collection agencies must provide a 60-day notice to the patient before they can begin collection efforts
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICOPatient's Debt Collection Protection Act (SB 71)https://www.nmlegis.gov/Sessions/21%20Regular/bills/senate/SB0071.html• Bars any collection actions against patients with less than 200% of the FPL
NEW YORKS.6522A/A.7363Ahttps://www.nysenate.gov/legislation/bills/2021/S6522• Hospitals must offer payment plans to patients eligible for financial assistance; monthly payments cannot exceed 10% of monthly income, and interest cannot be charged • Hospitals must notify patients at least 30 days before sending medical bills to collections
NORTH CAROLINAMedical Debt De-Weaponization Acthttps://www.ncleg.gov/Sessions/2021/Bills/House/PDF/H1039v1.pdf• Hospitals must notify patients at least 30 days prior to send a bill to collections
NORTH DAKOTANorth Dakota Century Code t13c01https://ndlegis.gov/cencode/t13c01.pdf• Interest on medical bills cannot exceed 1% or $25 a month
OHIO
OKLAHOMA
OREGONORS 646A.677 Requirement to screen for financial assistance before transferring medical debt for collectionhttps://oregon.public.law/statutes/ors_646a.677• For patients under 200% FPL, there can be no interest on medical bills • Hospitals must screen patients to see if they are eligible for financial assistance before they can send a medical bill to collections
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAHHealth Care Debt Collection Notice Amendmentshttps://le.utah.gov/~2019/bills/static/HB0445.html• Hospital must wait to send a medical bill to collections until the insurer has approved or denied a claim and the patient be notified that they have 45 days to pay
VERMONTH0287 An act relating to patient financial assistance policies and medical debt protectionhttps://legislature.vermont.gov/bill/status/2022/H.287• Hospitals must offer payment plans to patients eligible for financial assistance; monthly payments cannot exceed 5% of patient's gross monthly household income, and interest cannot be charged • Medical debt cannot be sold
VIRGINIAVirginia Financial assistance; payment plans (32.1-137.010)https://law.lis.virginia.gov/vacode/title32.1/chapter5/section32.1-137.010• Hospitals must offer payment plans to patients eligible for financial assistance; monthly payments must be based on the patient's ability to pay; interest cannot exceed 6%
WASHINGTONSHB 1531 Concerning Medical Debt.https://app.leg.wa.gov/billsummary?BillNumber=1531&Initiative=false&Year=2019• Hospitals need to wait at least 180 days before reporting to credit agencies. • Interest on medical bills is limited to 9% • Hospitals must wait 120 days after the initial medical billing statement was assigned to a patient before they can send the bill to collections • Hospitals cannot send a medical bill to collection while awaiting determination on a patient's eligibility for financial assistance or insurance reimbursement
WEST VIRGINIA
WISCONSIN
WYOMING

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State Laws on Spousal Medical Debt

StateWhether Spouse Responsible for Medical Debt of the Other SpouseState Law
ALABAMANAn Alabama court struck down the law making a husband liable for his wife's medical debt as unconstitutional. Per case law, neither spouse is liable for their spouse's medical debt.
ALASKAYAlaska's divorce statute divides property, including debt, in a way that is "fairly allocated," considering multiple factors. Case law has indicated that a 50/50 division of marital debt is presumptively valid. However, the court can consider a spouse's "superior earning power" as a factor in changing the division of debt.AK 25.24.160(a)(4)(C
ARIZONAYCreditors may look to the entirety of a spouse's joint property for payment of a community obligation, but it may not reach the separate property of a non-contracting spouse acquired before or during marriage.Ariz. Rev. Stat. § 25-215
ARKANSASNA spouse's separate property cannot be used to satisfy a spouse's debt.AR Code § 9-11-507 (2020)
CALIFORNIAYIt is a person’s duty to support his or her spouse.Cal. Fam. Code § 4300
COLORADO
CONNECTICUTYIt shall be the joint duty of each spouse to support their family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) Hospital expenses rendered to the spouse.Conn. Gen. Stat. § 46b-37
DELAWAREYThe duty to support a spouse rests upon the other spouse. However, the courts have the ultimate decision.Del. Code Ann. tit. 13, § 502
*DISTRICT OF COLUMBIAYBoth spouses or domestic partners shall be liable on any debt, entered into by either spouse, during marriage or domestic partnership.D.C. Code § 46-601
FLORIDANCase law eliminated the responsibility of a spouse to pay for another spouse's debt.
GEORGIA
HAWAIIYBoth spouses of a marriage shall be liable for all debts contracted by one another for necessaries for themselves, one another, or their family during marriage.Haw. Rev. Stat. Ann. § 572-24
IDAHOYAll debts are divided equally upon divorce unless there are compelling reasons not to.Idaho Code § 32-712
ILLINOISYA person is liable for the expenses of their family. A spouse is liable for their deceased spouse's debt if the debt was for a family expense.750 ILCS 65/15 (1994)
INDIANAYAccording to case law, the spouse incurring the medical expenses is primarily liable for those expenses. The spouse is secondarily liable.
IOWAYReasonable and necessary expenses of the family are chargeable upon both spouses.Iowa Code § 597.14
KANSASYPer case law, if a spouse has insufficient resources to satisfy a debt, the other spouse may be responsible.
KENTUCKYY potentiallyAccording to case law, there is no presumption that a debt incurred during marriage is marital. However the division of debts is based upon many factors, such as the extent of participation in acquiring the debt, receipt of the benefits of the debt, and the "economic circumstances of the parties" to repay the debt.
LOUISIANAYA spouse is liable with the other spouse who incurs an obligation for necessaries for himself or the family.La. Civ. Code Ann. § art.2372
MAINE
MARYLANDNMaryland law states that the property of the wife shall be protected from the debts of her husband. However, courts have since held that neither spouse is liable absent a contract, express or implied, for necessaries such as medical care.Md. Const. Art. III, § 43
MASSACHUSETTSYBoth spouses shall be liable jointly or severally for debts incurred on account of necessaries furnished to either spouse or to a member of their family.Mass. Ann. Laws ch. 209, § 1
MICHIGANNAccording to case law neither a husband nor a wife is liable, absent express agreement, for necessaries supplied to the other.
MINNESOTAYWhere spouses are living together they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse. The court may apportion such debt between the spouses.Minn. Stat. Ann. § 519.05
MISSISSIPPINAbsent express agreement, a spouse will not be liable for the debt of the other.Miss. Const. Ann. Art. 4, § 94
MISSOURI
MONTANAYWhile spouses are not liable for most debts contracted by their spouse, debts that were incurred as "necessities to the family," like medical debt, are an exception. Spouses will be liable for their spouse's medical debt.Mont. Code Ann. § 40-2-106
NEBRASKAYWhile the original statute discusses only a wife's responsibilities, according to case law both spouses are liable for debts related to each other's necessaries.Neb. Rev. Stat. Ann § 42-201
NEVADAYNevada courts presume debts incurred during mariage are community debts and community debt is divided equally between the spouses. This liability can be altered with a prenuptial agreement.
NEW HAMPSHIREYAccording to case law, spouses are secondarily liable for the debt of the other when the debt was considered necessary, like for medical services. Factors can affect the outcome.
NEW JERSEYYWhile generally spouses are not liable for the debts of the other, under case law medical debt is treated differently.
NEW MEXICOYThe separate debt of a spouse is satisfied first from the debtor spouse's separate property, but if it's not enough to satisfy the debt, it can be satisfied from the non-debtor's spouse's property.NM Stat § 40-3-10 (2021)
NEW YORKYThe spouse who received the necessary goods or services is primarily liable for payment. However, the creditor can recover against the non-debtor spouse if certain conditions are met.
NORTH CAROLINAYUnder case law a spouse is liable for necessary medical debt of the other, though a spouse can sometimes establish an exception.
NORTH DAKOTAYExcept for in cases of abandonment, the husband and wife are liable jointly and severally for any debts contracted by either for necessary medical care.N.D. Cent. Code § 14-07-08
OHIOY depending on circumstancesThe court shall consider all of the following factors: the duration of the marriage; the assets and liabilities of the spouses; any other factor that the court expressly finds to be relevant and equitable.Ohio Rev. Code Ann. § 3105.171
OKLAHOMAY unless otherwise provided by court orderSpouses shall be jointly and severally liable for debts incurred on account of necessaries furnished to either spouse unless otherwise provided by law or court order. Necessaries include food, drink, clothing, and medical attention.Okla. Stat. tit. 43, § 209.1
OREGON
PENNSYLVANIAYWhere debts are contracted for necessaries for the debtor spouse the non-debtor spouse is secondarily liable.23 Pa. Cons. Stat. Ann. § 4102
*PUERTO RICO
RHODE ISLANDYRhode Island courts have held that both spouses are liable for debt characterized as "necessaries," like medical debt.
SOUTH CAROLINAYPer case law, spouses have an obligation to support their spouses, and both spouses are liable for the cost of necessaries, including medical care, supplied to one of the spouses, even if only one spouse is contractually liable for the necessaries.
SOUTH DAKOTAYThe Department of Social Services may file a claim against the estate of the surviving spouse for medical debt as long as the surviving spouse was married to the deceased at the time they were eligible for medical assistance and had not divorced nor remarried after the death.S.D. Codified Laws § 28-6-23
TENNESSEEYSpouses are responsible for debts that involve furnishing necessaries. According to case law, upon dissolution of the mariage, the court will allocate responsibility for debt as the court deems just.TN Code § 47-18-805 (2021)
TEXASYA spouse is personally liable for the acts of the their spouse only if: (1) the spouse acts as an agent for the person; or (2) the spouse incurs a debt for necessaries.Tex. Fam. Code § 3.201
UTAHYNeither spouse is personally liable for the separate debts, obligations, or liabilities of the other that were contracted or incurred during marriage, except family expenses. Family expenses are considered expenses incurred that benefit and promote the family unit.Utah Code Ann. § 30-2
VERMONTNUnless there is express agreement otherwise, case law states that neither spouse is liable for the other's debts for necessaries.
VIRGINIAY (divorce)The court, upon request of either party, shall determine the nature of all debts of the parties, or either of them, and shall consider which is separate debt and which is marital debt.Va. Code Ann. § 20.-107.3
WASHINGTONYAll property acquired after marriage is considered marital property. Upon divorce or dissoloution of the marriage, liabilities and assets will be split as "just and equitable."RCW 26.09.080
WEST VIRGINIAYA husband and wife are both liable for the reasonable and necessary services of a physician rendered to the other. Case law provides some limitations as to what "services" are.W. Va. Code § 48-29-303
WISCONSINYEach spouse has an obligation in accordance with their ability to contribute money or services which are necessary for the adequade support and maintenance of the other spouse.Wis. Stat. 765.001(2)
WYOMING
*GUAM
Last Updated3/24/24

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