Spouses may be responsible for medical debt incurred by either spouse during the marriage, but the rules vary by state.
This chart provides information about whether a spouse may be responsible for the other spouse's medical debt. It does not include information about how medical debts may be divided if spouses divorce. Check back often, as this chart is updated frequently.
| State | Whether Spouse Responsible for Medical Debt of the Other Spouse | State Law | |
|---|---|---|---|
| ALABAMA | No - The husband is not responsible for wife's debts. | AL Code § 30-4-7 | https://alison.legislature.state.al.us/code-of-alabama?section=30-4-7 |
| ALASKA | Maybe - Spouses are not generally not liable for the separate debts of the other; however, spouses may be liable for the other spouse's "necessaries" incurred while married, which may include medical care. | AS § 25.15.050 | https://www.akleg.gov/basis/statutes.asp#25.15.050 |
| ARIZONA | Maybe - Creditors may look to the entirety of a spouse's joint property for payment of a community obligation - including medical expenses incurred by one spouse - but it may not reach the separate property of a non-contracting spouse acquired before or during marriage. | Ariz. Rev. Stat. § 25-215 | https://www.azleg.gov/ars/25/00215.htm |
| ARKANSAS | No - A spouse's separate property cannot be used to satisfy a spouse's debt. | AR Code § 9-11-507 (2024) | https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-11/subchapter-5/section-9-11-508/ |
| CALIFORNIA | Yes - It is a person’s duty to support his or her spouse, including payment of medical expenses. | Cal. Fam. Code § 4300 (2024) | https://law.justia.com/codes/california/code-fam/division-9/part-3/chapter-1/section-4300/ |
| COLORADO | Maybe - Spouses have liability for "family expenses," which could include a spouse's medical debt. | CO Rev Stat § 14-6-110 (2021) | https://law.justia.com/codes/colorado/2021/title-14/article-6/section-14-6-110/?utm_source=chatgpt.com |
| CONNECTICUT | Yes - It 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 | https://www.cga.ct.gov/current/pub/chap_815e.htm |
| DELAWARE | Maybe - The duty to support a spouse rests upon the other spouse. However, the courts have the ultimate decision. | Del. Code Ann. tit. 13, § 502 | https://delcode.delaware.gov/title13/c005/sc01/index.html |
| *DISTRICT OF COLUMBIA | Yes - Both 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 | https://code.dccouncil.gov/us/dc/council/code/sections/46-601 |
| FLORIDA | No - No current law addresses spousal medical debt. The common-law Doctrine of Necessaries was abolished by a Florida Supreme Court decision, so spouses are not automatically liable for the other spouse's medical bills simply because they are married. | Connor v. Southwest Fla. Regional Hospital | https://law.justia.com/cases/florida/supreme-court/1995/84670-0.html |
| GEORGIA | No - Spouses have ability to independently enter into contracts, which means that they are not automatically liable for one another's debts simply because they are married. | GA Code § 19-3-10 | https://law.justia.com/codes/georgia/title-19/chapter-3/article-1/section-19-3-10/ |
| HAWAII | Yes - Both 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 | https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0572/hrs_0572-0024.htm |
| IDAHO | Maybe - A spouse's separate property cannot be used to satisfy a spouse's debt, but may be subject to collection from community property. | Idaho Code § 32-912 | https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch9/sect32-912/ |
| ILLINOIS | Yes - A 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) | https://www.ilga.gov/legislation/ilcs/documents/075000650k15.htm |
| INDIANA | Maybe - No current state law address spousal medical debt. The Indiana Supreme Court recognized a modernized version of the Doctrine of Necessaries which places primary responsibility for payment of a debt on the spouse that incurs it; however, the other spouse may be secondarily liable for necessary expenses, such as medical debt, if their spouse's resources are insufficient to pay a debt. | Bartrom v. Adjustment Bureau, Inc. | https://law.justia.com/cases/indiana/supreme-court/1993/02s04-9307-cv-763-4.html |
| IOWA | Yes - Reasonable and necessary expenses of the family are chargeable upon both spouses. | Iowa Code § 597.14 | https://www.legis.iowa.gov/docs/code/597.14.pdf |
| KANSAS | Maybe - Spouses are not liable for the other's debts, subject to certain exceptions if a spouse has insufficient resources. | K.S.A. § 23-2601 | https://ksrevisor.gov/statutes/chapters/ch23/023_026_0001.html |
| KENTUCKY | Yes - Husbands are liable for their wife's "necessaries" incurred after marriage, which may include medical bills; there is no reciprocal statute making a wife liable for husband. | Ky. Rev. Stat. Ann. § 404.040 | https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17538 |
| LOUISIANA | Yes - A spouse is liable with the other spouse who incurs an obligation for necessaries for himself or the family. | La. Civ. Code Ann. § art.2372 | https://law.justia.com/codes/louisiana/2011/cc/cc2372 |
| MAINE | No - A married person is not liable for the debts of that person's spouse. | MRS Title 19-A, § 804 | https://legislature.maine.gov/statutes/19-a/title19-Asec804.html |
| MARYLAND | No - Maryland 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 | https://msa.maryland.gov/msa/mdmanual/43const/html/03art3.html |
| MASSACHUSETTS | Yes - Both 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 | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209/Section1 |
| MICHIGAN | No - According to case law neither a husband nor a wife is liable, absent express agreement, for necessaries supplied to the other. Additionally, the Married Woman's Property Act specifies that a married woman's property is not liable for her husband's debts. | M.C.L.A. § 557.21 | https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-557-21 |
| MINNESOTA | No - Spouses are not liable for the debts of the other spouse. | Minn. Stat. Ann. § 519.05 | https://www.revisor.mn.gov/statutes/cite/519.05 |
| MISSISSIPPI | No - Absent express agreement, a spouse will not be liable for the debt of the other. | Miss. Const. Ann. Art. 4, § 94 | https://www.sos.ms.gov/content/documents/ed_pubs/pubs/Mississippi_Constitution.pdf |
| MISSOURI | Maybe - A spouse's separate property cannot be used to satisfy a spouse's debt; however, this state follows the Doctrine of Necessaries, which could allow creditors to recover necessary expenses incurred by either spouse during the marriage, including medical debt. | § 451.250, RSMo | https://revisor.mo.gov/main/OneSection.aspx?section=451.250#:~:text=RSMo%20451.250%20states%20that%20married%20people%20hold,encumber%2C%20or%20otherwise%20dispose%20of%20the%20property |
| MONTANA | Maybe - While 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; therefore, spouses will be liable for their spouse's medical debt. | Mont. Code Ann. § 40-2-106 | https://leg.mt.gov/bills/mca/title_0400/chapter_0020/part_0010/section_0060/0400-0020-0010-0060.html#:~:text=(1)%20A%20husband%20or%20wife,the%20property%20of%20both%20the |
| NEBRASKA | Yes - While 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, including medical care. | Neb. Rev. Stat. Ann § 42-201 | https://leg.mt.gov/bills/mca/title_0400/chapter_0020/part_0010/section_0060/0400-0020-0010-0060.html#:~:text=(1)%20A%20husband%20or%20wife,the%20property%20of%20both%20the |
| NEVADA | Maybe - While 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, including medical care. | NRS § 123.090 | https://www.leg.state.nv.us/nrs/nrs-123.html#NRS123Sec090 |
| NEW HAMPSHIRE | Maybe - According 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 JERSEY | Maybe - This state does not have any laws related to spousal responsibility for medical debt; however, it follows the Doctrine of Necessaries, which could allow creditors to recover necessary expenses incurred by either spouse during the marriage, including medical debt. | ||
| NEW MEXICO | Maybe - The 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 | https://nmonesource.com/nmos/nmsa/en/item/4375/index.do#!fragment/zoupio-_Toc203577060/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgCYAGAZgFYA7AK4A2LgEoANMmylCEAIqJCuAJ7QA5BskRCYXAiUr1WnXoMgAynlIAhdQCUAogBknANQCCAOQDCTyVIwACNoUnZxcSA |
| NEW YORK | Maybe - This state does not have any laws related to spousal responsibility for medical debt; however, it follows the Doctrine of Necessaries, which could allow creditors to recover necessary expenses incurred by either spouse during the marriage, including medical debt. | ||
| NORTH CAROLINA | Maybe - This state does not have any laws related to spousal responsibility for medical debt; however, it follows the Doctrine of Necessaries, which could allow creditors to recover necessary expenses incurred by either spouse during the marriage, including medical debt. | ||
| NORTH DAKOTA | Yes - Except 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 | https://www.ndlegis.gov/cencode/t14c07.pdf |
| OHIO | Yes - Spouses may be liable for the reasonable value of necessaries, including medical care. | Ohio Revised Code Annotated § 3103.03 | https://codes.ohio.gov/ohio-revised-code/section-3103.03 |
| OKLAHOMA | Yes - Spouses shall be jointly and severally liable for debts incurred on account of necessaries furnished to either spouse, including medical care, unless otherwise provided by law or court order. | Okla. Stat. tit. 43, § 209.1 | https://law.justia.com/codes/oklahoma/2021/title-43/section-43-209-1/ |
| OREGON | Yes -Both spouses are responsible for the expenses of the family, which includes debts for medical expenses incurred by either spouse during the marriage. | ORS § 108.040 | https://oregon.public.law/statutes/ors_108.040 |
| PENNSYLVANIA | Maybe - Where debts are contracted for necessaries for the debtor spouse the non-debtor spouse is secondarily liable. | 23 Pa. Cons. Stat. Ann. § 4102 | https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=41&sctn=2&subsctn=0 |
| *PUERTO RICO | Maybe - Spouses can be liable for one another's debts through their common property. | 31 L or PR §3661 | https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-iii/chapter-273/subchapter-iv/3661/ |
| RHODE ISLAND | Maybe - This state does not have any laws related to spousal responsibility for medical debt; however, it follows the Doctrine of Necessaries, which could allow creditors to recover necessary expenses incurred by either spouse during the marriage, including medical debt. | ||
| SOUTH CAROLINA | Maybe - This state does not have any laws related to spousal responsibility for medical debt; however, it follows the Doctrine of Necessaries, which could allow creditors to recover necessary expenses incurred by either spouse during the marriage, including medical debt. | ||
| SOUTH DAKOTA | Maybe - Spouses are liable for the reasonable value of necessaries, which can include medical care. | S.D. Codified Laws § 25-2-11 | https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-iii/chapter-273/subchapter-iv/3661/ |
| TENNESSEE | Maybe - Spouses are not responsible for debts, charges, or accounts where spouse has not signed the application for credit, but may be responsible for necessaries under common law. | TN Code § 47-18-805 | https://law.justia.com/codes/tennessee/title-47/chapter-18/part-8/section-47-18-805/ |
| TEXAS | Maybe - A 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 | https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm#3 |
| UTAH | Yes - Neither 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. § 81-3-105 | https://le.utah.gov/xcode/Title81/Chapter3/81-3-S109.html?v=C81-3-S109_2024090120240501 |
| VERMONT | No - Although spouses are generally responsible for supporting one another, unless there is express agreement otherwise, spouses are generally not liable for each other's medical expenses. | 15 V.S.A. § 291 | https://legislature.vermont.gov/statutes/section/15/005/00291 |
| VIRGINA | Maybe - Spouses are generally not responsible for the other's contract liability to a third party, although the Doctrine of Necessaries applies equally to both spouses. Liability shall not be imposed upon one spouse for health care furnished to the patient spouse who predeceases the nonpatient spouse. | Va. Code Ann. § 55.1-202 | https://law.lis.virginia.gov/vacode/55.1-202/ |
| WASHINGTON | Maybe - Spouses are not responsible for separate debts acquired before or after marriage, but debts acquired during marriage may be considered community debts. | RCW 26.16.200 | https://app.leg.wa.gov/RCW/default.aspx?cite=26.16.200 |
| WEST VIRGINIA | Yes - A 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 | https://code.wvlegislature.gov/48-29-303/#:~:text=(c)%20A%20husband%20and%20wife,both%20husband%20and%20wife%20benefit. |
| WISCONSIN | Yes - Each 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) | https://docs.legis.wisconsin.gov/statutes/statutes/765/001/2 |
| WYOMING | Maybe - Spouses are not generally liable for payment of their spouse's debts from their separate property, but necessary expenes of the family - including medical care - may be charged to the property of either or both spouses. | W.S. § 20-1-201 | https://law.justia.com/codes/wyoming/title-20/chapter-1/article-2/section-20-1-201/ |
| *GUAM | Maybe - Debts acquired during marriage are generally community debt subject to collection from community assests, but separate property belonging to one spouse may not be used to pay the debt of the other spouse. | 19 Guam Code §§ 6101-6114 | https://law.justia.com/codes/guam/title-19/division-1/chapter-6/ |
| Last Updated | 12/4/2025 |