Am I Responsible for My Domestic Partner's Medical Bills?

Domestic partnerships are less common now that same-sex marriage is recognized in all states. Still, some states recognize that not all couples want to get married, so they provide some benefits to committed couples who register as domestic partners. Before you enter into a domestic partnership, you need to understand all of the pros and cons. Here is a question from a reader about potential liability for their partner's unpaid medical bills.

Do I Have to Pay My Domestic Partner's Medical Debt?

I am curious about the financial liability of individuals in domestic partnerships. Specifically, if one of us should fall ill and, in the process, incur monumental medical bills above and beyond what Medicare or Supplemental insurance will pay, is the other partner liable for the bill if the ill partner dies?

You Might Have to Pay Depending on the Type of Partnership

The answer to this question depends on the type of domestic partnership registration and the law that applies to the claim or debt.

Local or Employer-Based Domestic Partnerships

There is generally no joint liability for medical debt in a local or employer-based domestic partnership. However, under some city registrations, such as San Francisco, domestic partners are jointly liable for their "basic living expenses"—defined as the cost of basic food and shelter and "expenses which are paid at least in part by a program or benefit for which the partner qualified because of the domestic partnership." This could arguably include medical expenses if they were paid in part by a health insurance program, which the sick partner qualified for due to the domestic partnership. A creditor, such as a hospital or insurance company, could theoretically make a claim as a third-party beneficiary against the surviving partner based on the city registration.

State Registered Domestic Partnerships

If the partners are in a marriage-equivalent state registration (such as a California domestic partnership or a New Jersey civil union), then they are subject to most of the same state laws as married couples, including those laws affecting property rights and responsibilities for debts to third parties. Debts governed by state law will extend to the surviving domestic partner, just like they would with a married spouse.

No Federally Recognized Domestic Partnerships

If the claim is based on federal law, such as a Medicaid reimbursement, the domestic partnership won't likely create joint liability since the federal government doesn't recognize couples in civil unions or domestic partnerships as "married." But, that rule could change in the future.

If you haven't yet taken the plunge with your partner, and you're concerned about their debts and the potential for joint liability as a result of your union, it's probably best not to register as domestic partners anywhere until you talk to an expert in family law who can walk you through your rights and responsibilities as a domestic partner.