Generally, one party is not liable for the debts of another absent a written guaranty or agreement assuming responsibility. This is often a saving grace in estate matters where a spouse dies with significant debts and no assets to meet these obligations. However, there is an important exception that applies specifically to spouses known as “the doctrine of necessaries.”

The doctrine dates back to the time period when women were legally unable to contract and was based on the concept that a husband was required to support his wife financially and thus, was responsible for paying her expenses. Until the late 1980s and early 1990s, only husbands had a duty to support their wives. However, at that time, various New York appellate courts held the doctrine violated the Equal Protection clause. Rather than striking the doctrine down entirely, it was made reciprocal, so that both spouses had an obligation to provide for the other.

The doctrine of necessaries provides that creditors of one spouse may look to the other spouse to recover unpaid debts resulting from the creditor providing necessary items and services such as food, clothing, shelter and medical care. The definition of “necessaries” has also been applied to legal representation in a family law action. Thus, spouses have a duty to pay for a matrimonial attorney in a divorce, support or custody matter.

Creditors do not have an unrestricted right to seek payment from the non-debtor spouse. Rather, a creditor must establish that the debt resulted from providing necessaries and that:

1. The spouse who received the services, who is primarily liable for the payment, lacks the assets to pay;
2. The necessaries were furnished in reliance on the credit of the non-debtor spouse; and 
3. The non-debtor spouse has the financial ability to satisfy the debt.

Note that the New York Appellate Division Third Department applies a rebuttable presumption to the second requirement meaning that the court presumes the creditor relied on the non-debtor spouse’s credit and requires that the spouse provide evidence to the contrary.

In addition, the doctrine of necessaries does not apply during a matrimonial action where a support order has been entered because the support order fixes the extent of the monied spouse’s support obligations. Thus, a creditor could not seek payment from the non-debtor spouse beyond the amount of the support order.

If you are a creditor attempting to collect on a debt or a non-debtor spouse facing collection demands, contact one of our attorneys for assistance with your matter.