1     
MEDICAL EXPENSE LIABILITY AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill exempts a spouse's medical expenses from being considered a family expense.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     exempts a deceased spouse's medical expenses from being considered a family
14     expense; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          30-2-9, as last amended by Laws of Utah 2015, Chapter 457
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 30-2-9 is amended to read:
26          30-2-9. Family expenses -- Joint and several liability.
27          [(1) The expenses of the family and the education of the children are chargeable upon
28     the property of both spouses or of either of them separately, for which expenses they may be
29     sued jointly or separately.]
30          (1) As used in this section:
31          (a) "Family expense" means an expense that benefits and promotes the family unit.
32          (b) "Family expense" does not include a medical expense, as defined in Section
33     78B-12-102, arising from a deceased spouse's health care treatment.
34          (2) (a) A family expense or a child education expense is chargeable upon the property
35     of:
36          (i) both spouses; or
37          (ii) either of the spouses separately.
38          (b) A spouse may be sued jointly or separately for an expense described in Subsection
39     (2)(a).
40          [(2)] (3) For [the expenses] an expense described in Subsection [(1)] (2)(a), where
41     there is a written agreement signed by either spouse that allows for the recovery of agreed upon
42     amounts, a creditor or an assignee or successor in interest of the creditor is entitled to recover
43     the contractually allowed amounts against both spouses, jointly and severally.
44          [(3)] (4) Subsection [(2)] (3) applies to all contracts and agreements under this section
45     entered into by either spouse during the time the parties are married and living together.
46          [(4)] (5) [For the purposes of this section, family expenses are considered expenses
47     incurred that benefit and promote the family unit.] Items purchased pursuant to a written
48     contract or agreement during the marriage that do not relate to family expenses are not covered
49     by this section.
50          [(5)] (6) The provisions of Subsections [(2)] (3) and [(3)] (4) do not create a right to
51     attorney's fees or collection fees as to the nonsigning spouse for purchases of:
52          (a) food or clothing; or
53          (b) home improvements or repairs over $5,000.