Allocating One Spouse’s Cosmetic Surgery Debt in TN Divorce
Allocating one spouse’s cosmetic surgery in Tennessee divorce
The question – “How to allocate one spouse’s cosmetic surgery debt in Tennessee divorce?” – is a loaded one. With elective surgery costs, most parties dig into their respective positions on the issue. Consider the following…
If a woman augments her breasts with implants, why should her husband pay for it in the divorce? If a man chooses gastric bypass surgery to lose weight, why should his ex-wife carry the burden of paying for it? Similar questions were raised in a recent Huff Post article by family lawyer Natalie Gregg.
Would your answers differ if the woman was a cancer survivor who underwent a double mastectomy and the plastic surgery and breast implants were reconstructive? What if the man’s morbid obesity was the result of a genetic condition and not his “fault” for overeating? Should it matter that he is the father of two small children and is at high risk of cardiac arrest?
Traditional factors applied by our Tennessee family courts when deciding the division of debts in a divorce or legal separation do not neatly lend themselves to allocating elective surgery obligations. (Pre-op and post-op medical tests, operating room use, anesthesiologist, cosmetic surgeon, post-operative care, prescription medication, and so on.)
Dividing Elective and Cosmetic Surgery Bills
Elective surgery to improve one’s appearance is far more mainstream than it was two decades ago. In the right state, a few thousand dollars could buy a winning wet t-shirt contest, so to speak.
According to the American Society of Plastic Surgeons’ (ASPS) 2012 Plastic Surgery Report statistics:
● 14.6 million U.S. cosmetic procedures occurred in 2012 (a 5% increase from 2011);
● Although breast augmentation decreased by 7% from 2011, eyelid surgeries (4%), facelifts (6%), and soft tissue fillers (5%) increased;
● Botullinum toxin type A rejuvenation increased 8% over 2011;
● Female patients accounted for 81% of all cosmetic procedures in 2012 while male patients accounted for 9%.
● In the U.S., $11 billion was spent on cosmetic procedures, representing a 5% increase over 2011.
Unless the patient has plenty of cash available, he or she will have to charge the cost to a credit card or take on a personal loan. Most cosmetic surgeons have at least one employee delegated with helping patients secure third-party financing so that the surgery is fully paid for in advance. This is common practice because, with purely elective procedures, cosmetic surgeons are not treating a medical condition. (Although naturally small breasts are not ordinarily considered a medical condition requiring treatment, large breasts could be – see breast reduction mammaplasty to relieve a patient’s medical symptoms.)
When there is no medical condition that requires treatment, ordinary health care insurance will not cover the cost. Hence the problem. Who should pay the bill when only one spouse leaves the table with the goods?
The parties can agree to just about any division of their marital property in the divorce, including who will be responsible for the cosmetic and elective surgery bills (along with alimony, the division of property, child custody, and child support issues). But if the parties cannot settle allocation of this type of personal debt, then it will be left to the judge to decide who pays.
When the surgery occurred could be a significant factor for the court. For example, there is a big difference between the facelift that occurred three months before the divorce complaint is filed (with the bruises still fading) and the liposuction 18 months before filing. The earlier the elective procedure, the less tainted it is with pre-divorce planning at the other spouse’s expense. The issue of responsibility for the debt becomes murkier with more time and multiple procedures, especially when both parties enjoyed the benefits.
Have you dealt with the division of cosmetic surgery bills in your divorce? Leave a comment about your experiences.
Have Elective Surgery Debts? Consult an Experienced Family Lawyer
The Miles Mason Family Law Group handles Tennessee divorce, child support, alimony, child custody, and parent relocation. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. A Memphis divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.
