New Jersey Law: Surviving Spouse Responsibility for Deceased Spouse's Medical Bills

Under New Jersey law, a surviving spouse may be responsible for the deceased spouse's unpaid medical bills if the surviving spouse has the ability to pay. This obligation arises from the doctrine of necessaries and statutory provisions.

Exceptions

• Spouses not legally married at time of death.
• Spouses living apart (separated) at time of death.
• Surviving spouse demonstrates inability to pay (e.g., fixed income, insufficient assets).

Options if Unable to Pay

The surviving spouse may apply for state financial assistance or negotiate with providers. Consult a New Jersey estate or elder-law attorney for specific guidance.