Many remarried couples come to consult Shenzhen marriage and family lawyers or sign written property agreements to avoid economic disputes, stipulating thatAfter marriage income, savings, and purchases of property belong to each party separately. However, when one party falls seriously ill and incurs large medical and nursing expenses, it is common for one party to refuse to share the costs on the grounds of separate property ownership, which contradicts legal provisions. Separate ownership of property does not exempt the couple from their legal obligation of mutual support.

  According to Article 1059 of the Civil Code, couples have a legal obligation to support each other. When one party falls ill or loses economic capacity, the other party must provide financial support and care. This obligation is a mandatory legal provision that cannot be excluded by a property agreement between the couple. Even if both parties have a written agreement stipulating that post-marital property belongs to each party separately, if the agreement includes a clause stating "each party bears their own medical expenses," this content is directly invalid. If there is only an oral agreement on separate property without a written agreement, the separate property system does not apply, and marital income is still treated as joint property, and there is no right to refuse to share medical expenses.

  The allocation of medical expenses needs to be handled differently based on the economic conditions of both parties. If the ill party has sufficient savings and stable income to cover all medical and rehabilitation expenses, their personal property should be used to pay first. If long-term treatment exhausts savings and the illness causes the loss of income due to missed work, and the party is unable to bear the continuous high expenses, the economically capable spouse must share the corresponding medical expenses and also bear the responsibility of accompanying and caring for the patient.

  Separate ownership of property only divides the ownership of assets and does not sever the mutual support responsibilities of the couple. Daily small expenses such as buying medicine and health checks can be borne individually according to the agreement, but the large and continuous expenses brought about by major diseases belong to the family's sudden and rigid burden, which is difficult to support with individual finances alone. If the spouse is aware of the other party's serious illness and the inability to afford treatment but ignores it for a long time and refuses to pay medical expenses, the ill party may sue the court to claim that the other party fulfills the obligation of support and order them to share the medical expenses.

  When there are disagreements between the parties, the allocation ratio should be prioritized based on their respective income, savings, and support burdens, and the funds for treatment should be raised together. If the negotiation fails, litigation can be used to protect the rights, and a marriage and family lawyer can act as an agent in such litigation. The court will consider the economic strength of both parties and the needs of disease treatment to determine a reasonable share of the expenses.

  The original intention of establishing a separate property agreement is to reduce daily money conflicts, not to establish an isolated relationship of mutual non-support. Shenzhen marriage and family lawyers suggest that remarried couples should not use property agreements as an excuse to shirk responsibility when facing serious illness, and should share medical expenses and accompany and care for each other according to their own economic conditions. This is both a strict legal requirement and can avoid conflicts that are difficult to resolve in remarried marriages due to medical expenses.