If my husband and I have been separate for 8 years but we are still legally married, am I responsible for his care?

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If my husband and I have been separate for 8 years but we are still legally married, am I responsible for his care?

He is ill and should go into a place like a nursing home. He’s on Social Security and I want to know if am I responsible to pay for his care if his Social Security does not cover it?

Asked on March 31, 2018 under Family Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you may well be responsible. While spouses are not automatically responsible for all of each other's debts, the law does hold them responsible for certain necessary or critical expenses, like medical care. (You are not allowed to make others, including tax payers, liable to take care of your spouse.) Whether you are separated or not, if you have not divorced, you are still married and still his spouse, and so still potentially liable for these costs.


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