Sec. 46b-37. (Formerly Sec. 46-10). Joint duty of spouses to support family. Liability for purchases and certain expenses. Abandonment.
Sec. 46b-37. (Formerly Sec. 46-10). Joint duty of spouses to support family.
Liability for purchases and certain expenses. Abandonment. (a) Any purchase made
by either a husband or wife in his or her own name shall be presumed, in the absence
of notice to the contrary, to be made by him or her as an individual and he or she shall
be liable for the purchase.
(b) Notwithstanding the provisions of subsection (a) of this section, it shall be the
joint duty of each spouse to support his or her family, and both shall be liable for: (1)
The reasonable and necessary services of a physician or dentist; (2) hospital expenses
rendered the husband or wife or minor child while residing in the family of his or her
parents; (3) the rental of any dwelling unit actually occupied by the husband and wife
as a residence and reasonably necessary to them for that purpose; and (4) any article
purchased by either which has in fact gone to the support of the family, or for the joint
benefit of both.
(c) Notwithstanding the provisions of subsection (a) of this section, a spouse who
abandons his or her spouse without cause shall be liable for the reasonable support of
such other spouse while abandoned.
(d) No action may be maintained against either spouse under the provisions of this
section, either during or after any period of separation from the other spouse, for any
liability incurred by the other spouse during the separation, if, during the separation the
spouse who is liable for support of the other spouse has provided the other spouse with
reasonable support.
(e) Abandonment without cause by a spouse shall be a defense to any liability pursuant to the provisions of subdivisions (1) to (4), inclusive, of subsection (b) of this section
for expenses incurred by and for the benefit of such spouse. Nothing in this subsection
shall affect the duty of a parent to support his or her minor child.
(1949 Rev., S. 7308; 1957, P.A. 191; P.A. 77-288, S. 1; P.A. 78-230, S. 17, 54; P.A. 88-364, S. 58, 123; P.A. 92-140;
P.A. 01-195, S. 35, 181.)
History: P.A. 77-288 rephrased section, referring to spouse where previously either husband or wife was specified,
added exception re liability for expenses of last illness of deceased spouse and deleted provision which required that
husband's property be first applied to support family and entitled wife to indemnity from husband's property for any of
her property which was taken or money she was compelled to pay for satisfaction of claims; P.A. 78-230 divided section
into Subsecs., rearranging and restating provisions, and deleted provision re liability for expenses of last illness; Sec. 46-10 transferred to Sec. 46b-37 in 1979; P.A. 88-364 changed the first word of Subsec. (a) from "all" to "any"; P.A. 92-140
deleted former Subdivs. (5) and (6) of Subsec. (b), inserted new Subsec. (c) re liability of spouse who abandons spouse
without cause, relettering former Subsec. (c) as (d), and added Subsec. (e) re abandonment by spouse as defense to expenses;
P.A. 01-195 made a technical change in Subsec. (b) for purposes of gender neutrality, effective July 11, 2001.
See Sec. 45a-393 re payment of funeral and last illness expenses of married person.
Annotations to former section 46-10:
Not necessary to first obtain judgment against husband, and have execution returned unsatisfied. 52 C. 406. Plaintiff
may sue on implied promise created by statute. Id. Father not obliged to support child unlawfully detained by mother. 68
C. 256. Liability of husband for goods purchased for family not limited to those necessary or reasonable. 77 C. 390; 93 C.
453; Id., 515. Husband is liable for wife's reasonable apparel even though he has not abandoned her. 93 C. 515. That goods
were purchased by wife in foreign country is immaterial. Id., 516. "While abandoned by her husband" qualifies next
preceding clause only. Id., 515; 94 C. 267. If goods in fact went to support of family, husband's prior notice to seller not
to extend credit to wife is no defense. Id., 267. Whether a plastic surgery operation to improve husband's facial appearance
is a "reasonable and necessary" expense depends on all circumstances. 100 C. 168. Common law liability to provide
necessaries to wife exists independently of this statute; scope thereof. 102 C. 705. Necessary allegations in action on statute.
Id., 706. Cited. 108 C. 730. Wife is not jointly responsible for every business obligation husband undertakes. 111 C. 306;
115 C. 295; 131 C. 156; 134 C. 332; 142 C. 375; Id., 553; 143 C. 443; 144 C. 21. There must be a direct relationship
between article purchased and the family benefit. 121 C. 663; 124 C. 249. Under former statute it was immaterial that
husband supported wife. 112 C. 64. "Family" includes wife. Id.; 131 C. 156. In tort action husband entitled to medical
expenses for wife's injuries, both past and future. 122 C. 338. Statute does not make wife guarantor but may make her
liable on an implied promise. 124 C. 251. Husband has primary obligation to support and may be liable to wife for past
support. Id. Her claim is legal rather than equitable and six-year limitation applies. Id. Payment by husband did not toll
statute of limitations as to wife 125 C. 202. However, in suit by wife against husband, she may recover such expenses if
creditors look to her for payment. 126 C. 146. Her claim not defeated by reason of having private means. 132 C. 80. Three
bases of recovery when creditor sues husband for goods furnished wife. Id., 77. If wife lives apart without justification,
husband's obligation to support is suspended. 136 C. 685. Husband and wife cannot make contract with each other concerning maintenance or custody of child which court is compelled to enforce. 137 C. 74. Undertaker's services are not included
in those purchases to which the statute applies. Id., 450. Does not modify common law determining conditions excusing
husband from obligation to support wife or child. 138 C. 6. Plaintiff not entitled to recover where her estate had not been
depleted in any way and she had not expended money of her own for support. Id., 701. The husband must provide for his
wife and child within the reasonable limits of his ability. 142 C. 553. Wife's doctors' bills cannot be recovered from
husband as damages in tort action. 145 C. 663. Cited. 155 C. 545. In action by wife for indemnification of money paid out
by her for support of herself and children, it is immaterial whether second ground for divorce was found where it was
proved the defendant had committed adultery and wife was fully justified in living apart from and divorcing him for that
reason. 156 C. 628. Cited. 162 C. 546. Section does not exempt wife from any legal obligation towards family. Husband
has primary duty to support family, but wife is also liable for family expenses. 170 C. 258. Cited. 175 C. 527.
Circumstances under which indemnity is available to wife under this section. 3 CS 211. Cited. 4 CS 144. There is no
statute of limitations affecting this claim. 5 CS 459. Recovery by wife for expenditures for support of the family allowed
only for payments actually made. 7 CS 153; 17 CS 208. Wife's right to indemnity is not defeated because she has private
means. 13 CS 474; 17 CS 189; 20 CS 9. Cited. 14 CS 128. Liability of husband and wife for medical and hospital expenses
rendered a minor child living with them does not exclude a minor married child. 16 CS 84. Conditions under which wife
living apart entitled to sums expended and to be expended by her for reasonable necessities for support of family. Id., 235.
Cited. 17 CS 189. Where wife left husband without just cause and where her return to him was not in good faith, he was
justified in living apart and equitable support was denied wife. 23 CS 221. In absence of divorce husband has primary
obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can
recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may
therefore attack decree. Id., 306. Judgment against wife leaves unaffected right to indemnification from husband. 30 CS
593. Wife may sue for husband's medical expenses for which she is liable. 32 CS 156. Liability for certain expenses. 33
CS 44.
Annotations to present section:
Cited. 200 C. 290. Abandonment is a defense to liability. 206 C. 31. Cited. 234 C. 194. Cited. 235 C. 82.
Cited. 21 CA 200. Cited. 26 CA 737.
Cited. 45 CS 84.
Subsec. (b):
Cited. 186 C. 167.
Subdiv. (4) cited. 3 CA 392.
Cited. 44 CS 169.