If my wife moved out do I have to keep health insurance on her? 17 Answers as of February 06, 2013

Do I still have to pay to keep my wife who moved out of our house on my health insurance at work?

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
In most cases, while there is a pending divorce, you are required to maintain health care coverage for the other spouse until the divorce is finalized. Once the divorce is final, then you will no longer have any obligation to provide coverage. But her place of residence is not grounds to stop health care coverage while the two of you are still legally married.
Answer Applies to: New York
Replied: 2/6/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
If a divorce action has been commenced, there is this creature called automatic stays which would prohibit you from stopping her insurance. If there is no action started, there is no prohibition. I caution you, however, as every action has a reaction. You may find that simply cutting her off creates a bunch of issues that may otherwise complicate and make your divorce more expensive. Talk to an attorney.
Answer Applies to: New York
Replied: 2/6/2013
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If a divorce action has been filed/served (depending on which party you are), you cannot cancel the other party's health insurance benefits until the divorce is final (unless the other party consents). The same law does not apply prior to the filing/service of the divorce petition; however, any obligations that accrue during marriage (prior to filing/service of the divorce petition) are considered community property, so if you cancel her insurance and she incurs medical bills as a result of not having insurance, you may be held responsible to pay half the cost of those bills. I recommend you try to discuss this with your wife to determine if she intends to obtain her own coverage, and if that does not resolve the issue.
Answer Applies to: Arizona
Replied: 2/6/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
You can't change health insurance until divorce is finished.
Answer Applies to: California
Replied: 2/6/2013
John Russo | John Russo
If you are the middle of a divorce the answer is yes, but the point may be moot, since many insurance companies ask to see proof of insurance some where else, or a final judgement before they will remove the other spouse.
Answer Applies to: Rhode Island
Replied: 2/6/2013
    Law Offices of Frances Headley | Frances Headley
    Yes, until your dissolution is final or you have a court order.
    Answer Applies to: California
    Replied: 2/6/2013
    LAW OFFICE OF JEFFREY BRADPIECE | JEFFREY BRADPIECE
    You do not have to keep health insurance on her unless she filed for dissolution of the marriage prior to your removing her from the insurance. Remember, if she get ill or has an accident she could request spousal support to cover the expenses which otherwise would have been paid by insurance which could result in your wishing you had kept her on your insurance.
    Answer Applies to: California
    Replied: 2/4/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Don't you think she should be covered for her own protection at least? Besides, under the doctrine of necessities, she can get medical care and have the bill sent to you. It seems to me that you should continue to keep her covered, and in the course of a legal separation or divorce, try to have her ordered to pay for her own share of it, or for separate insurance.
    Answer Applies to: Wisconsin
    Replied: 2/4/2013
    Carey and Leisure | John Smitten
    You should maintain status quo until the case is done, do not just cut off her insurance.
    Answer Applies to: Florida
    Replied: 2/4/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    As long as you are married, you should. If you plan on cancelling it, you should give her notice. If a divorce or separation action is pending, you cannot cancel health insurance policies.
    Answer Applies to: California
    Replied: 2/4/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Many courts have standing orders that take effect when a divorce case is filed and those order usually require that whatever insurance is in effect must remain in effect until the judge says otherwise. I suggest you hire a lawyer to discuss the specific facts of your case.
    Answer Applies to: Texas
    Replied: 2/4/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You have to keep insurance on her until you are divorced. I suppose you could try and take her off if it is the open enrollment period, but most companies won't let you take off somebody unless there has been a major life event, i.e. divorce or death.
    Answer Applies to: Idaho
    Replied: 2/4/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Until you are divorced that is the best thing to do.
    Answer Applies to: Nevada
    Replied: 2/4/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    In the State of Texas, we do not have legal separation, so you are legally responsible for her until the date of your divorce. If your wife gets sick, you are liable for her medical bills. So it makes sense to keep her insured until the date of your divorce. I've seen judges order husband's to pay all their wife's medical & hospital bills when they cancelled their health insurance.
    Answer Applies to: Texas
    Replied: 2/4/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Until there is a court order regarding this issue it is best to maintain the insurance. Consult with an attorney to discuss this issue further.
    Answer Applies to: Michigan
    Replied: 2/4/2013
    Peyton and Associates | Barbara Peyton
    If you have been served with divorce papers, yes. You need to keep her covered under your insurance. If you have not been so served, you can take her off health coverage. However, that could prove unwise because if she were to get hurt or become extremely ill and there is no health coverage, medical providers can come after you for her medical expenses if there is no health insurance. Your choice.
    Answer Applies to: California
    Replied: 2/4/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Reviewer still married to her, it would be wise given the fact that her medical expenses might well be attributed to yourself or the marital estate. If he is moved out you should see a divorce attorney with the details. You should go my office for an appointment, or another attorney.
    Answer Applies to: Michigan
    Replied: 2/4/2013
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