QUESTION
If my wife moved out do I have to keep health insurance on her?
Asked on Feb 01st, 2013 on Divorce - Michigan
More details to this question:
Do I still have to pay to keep my wife who moved out of our house on my health insurance at work?
12 ANSWERS
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.
Answered on Feb 06th, 2013 at 3:26 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
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.
Answered on Feb 06th, 2013 at 3:49 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can't change health insurance until divorce is finished.
Answered on Feb 06th, 2013 at 2:58 AM
Yes, until your dissolution is final or you have a court order.
Answered on Feb 06th, 2013 at 2:02 AM
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.
Answered on Feb 04th, 2013 at 4:29 PM
John Arthur Smitten
You should maintain status quo until the case is done, do not just cut off her insurance.
Answered on Feb 04th, 2013 at 4:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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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.
Answered on Feb 04th, 2013 at 4:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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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.
Answered on Feb 04th, 2013 at 4:27 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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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.
Answered on Feb 04th, 2013 at 4:27 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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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.
Answered on Feb 04th, 2013 at 4:26 PM
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.
Answered on Feb 04th, 2013 at 4:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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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.
Answered on Feb 04th, 2013 at 4:25 PM