Does a husband have to keep his soon to be ex -wife on his insurance?

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Does a husband have to keep his soon to be ex -wife on his insurance?

And does he have to pay alimony if she left the home on her own?

Asked on October 6, 2011 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

1) Alimony: whether the husband has to pay spousal support (alimony) and how much will be determined either by divorce agreement or, if the parties can't agree, by the court. The fact that the wife left home will likely be one factor that is considered in the determination, but it's not the only factor, or even the most important: the key factors are each spouse's actual income or earning potential, length of marriage, who provided how much support during the marriage, and the life style they lived. For example, a woman who was housewife and homemakter for a decade or more, fully supported by her husband, and without recent work experience or current job skills would almost certainly be awarded enough alimony to support her in a lifestyle more or less comparabe to what she had while married; a woman married for one year, who earned as much or more as her husband, might not get any alimony. It depends on circumstances.

2) If you are talking about health insurance, the husband will most likely need to keep her on his insurance while they are still legally married, even during the divorce process; however, once they are no longer married, she *cannot* be on his health insurance--though during the divorce, he may be obligated to pay her more money so she can afford insurance.


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