Question: My husband, age 52, and I, age 68, were married two years ago, the second marriage of each of us. I own a home, receive Social Security and a pension. He had been divorced, had rather large debt, and no assets. After several months, he lost he job, started drinking, and began living off me. Then he was involved in an automobile accident -- in my car, nonetheless -- and was admitted to the hospital where he remained there until his death two and a half months later. I checked with a lawyer who told me not to worry about his bills since he had no assets, so I didn't; however, the hospital recently sued me for nearly $35,000, claiming that I was legally responsible for my deceased husband's medical expenses. I have gone to another laweyr who tells me that I will lose my house if we can not negotiate a better deal with the hospital. I really got my goose cooked, and I wanted you to let your readers know that there are many, many pitfalls out there that few of us ever expect.
Answer: You're correct. Under what is known as the "necessaries doctrine," third parties which provide necessaries to one spouse have the right to bring suit against the other spouse -- or former spouse -- to recover. Most state legislatures have enacted statutes that provide this remedy, and 29 have gone so far as to make children responsible for their parent's necessaries under certain circumstances.
And to make matters worse, a premarital agreement would not have benefitted you one bit. We strongly urge anyone who is getting married -- whether for the first or second time -- to make sure that planning for these exigencies is accomplished before you say "I do."
Jan Collins is an award-winning writer and editor. Jan Warner is a matrimonial, elder, and tax attorney. Both are based in Columbia, South Carolina. Flying Solo is distributed to newspapers throughout the United States by Knight-Ridder Tribune News Service and can be found on the Internet at http://www.flyingsolo.com.
Please email your questions to janwarner@flyingsolo.com or by mail to P.O.Box 11704, Columbia, SC 29211. To receive "How To Care For Aging Parents: A Complete Guide," a 480 page, well-organized, understandable, comprehensive road map to help adult children care for their aging parents, you can order from our secure site by credit card or send your check for $17.95 payable to "Aging Parents" to us, and we'll make sure you get your copy.
