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Rose Marie

981 views 7 replies 7 participants last post by  EleGirl 
#1 ·
Just separated, do I have to keep my husband on my health insurance at work. I was only one who carried health benefits.
 
#2 ·
It might be wise to keep him on your health insurance until either he gets his own or you are divorced. Why? Because if anything happens to him while you are still married, you both are responsible for his medical bills.

Are you going to file for divorce? Ask your attorney about when you can drop him. Most of the time, he would have the right to continue on the insurance as a cobra policy that he pays for.

Do you pay extra to have him on your policy? If so ask him to pay his part of the premiums to you. If he won't do it, when you divorce, as that you get that money back.
 
#3 ·
If you are legally separated that would be stated in the separation agreement. If you two just decided to live apart, you are treated as married. I would think that there is no law saying you have to cover your spouse so it would be up to your spouse to take you to court or join Obamacare. If he does not have health insurance he has to pay a fine at the end of each year. Hope this helps.
 
#5 ·
Your state law would likely be what determines if you have to keep him on your insurance.

Once a legal separation is filed, and perhaps once divorce is filed, you generally have a financial firewall. Thus if he racks up debt after one of those events you probably aren't responsible. However, these are all questions for an atty. You should talk to one asap. Most will give a free consult of 15-30 minutes where you can get these questions answered.

In my state the answer is no, you don't have to have a spouse on your health insurance at all.

Keep in mind you have a deductible and max out of pocket which could be a lot higher with him on it. So if you do have him on it, he should be covering those differences as well as his portion of the premiums.

If he is working, he should be able to switch to his employer's health plan without a problem once a legal separation or divorce happens.
 
#6 ·
Consult with an attorney to receive any form of finality on this question!

Having said that, I would not remove him from any kind of policy until such time that either the court or your lawyer says that you legally can!
 
#7 ·
Many jobs require the divorce to be final before they will drop him off your coverage. It falls under life changing event. Now if during open season for your insurance then ask your lawyer but I have been told unless there is an agreement in place for you to keep coverage on him then open season is when you can change it even without divorce or separation papers.

Lawyer should know all the details and human resources for your job (if that is who the insurance is through)
 
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