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Is my husband responsible for "my" medical bills that are unpaid by the insurance that he provided since we are still married?

Houston, TX |

The stress of the divorce that he initiated after our 34 year marriage has caused me to have to seek medical attention for physical and mental issues. As a result the insurance company that he has provided coverage for me has not paid all of the bills. They have denied coverage for things like, "out of network" providers", and I am receiving bills for balances that I cannot pay. I have NO JOB and NO INCOME. My "still husband" is the primary insured on the medical insurance policy that we are both insured on with his employer. Shouldn't HE be responsible for the unpaid medical bills I am getting? How can I get these bills paid? He has a trust account with his lawyer--would that be the way to go. I don't know what to do! Please help!

Attorney Answers 2

  1. The Texas Family Code provides a way for the non-income-producing spouse to ask the court to enter temporary orders during the pendency of a divorce suit. Temporary orders can include the payment of spousal maintenance and attorneys fees for the benefit of the non-income-producing spouse. Based on the facts stated above, you appear to be a good candidate for temporary spousal maintenance. If you are not represented by an attorney, I recommend that you consult one immediately because getting temporary orders is not a do-it-yourself job. Best of luck to you!

    This attorney can be contacted via email at or via phone at 817.305.7170. The above answer does not constitute, and should not be construed as, legal advice.

  2. Ms Caldwell has given you excellent legal advice. I would stress, you need an attorney to represent you. Perhaps you are also eligible to have your husband pay some of those expenses as well.

    On a personal level, you need to address these issues now. The insurance company is not paying all your bills "as a result" of either the divorce or your medical issues. "Out of network provider" is a common basis for the denial of claims. You should be looking at getting care in the network, or finding out how you can get approval from the company to go out of network and have the bills reimbursed.

    It sounds like your husband's employer picked the insurance company, not him. Its claim handling is not your husband's fault. Medical insurance claims are complicated. If not an attorney, ask a friend or relative to be your insurance advocate to help you understand the process and what needs to be done.

    You should know that this answer does not establish an attorney-client relationship. To do so would require a written agreement between us. You should be aware that there are time limits within which you must pursue any claim or suit.