If I’m separated from my wife, do I have to add her to my medical insurance?

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If I’m separated from my wife, do I have to add her to my medical insurance?

Asked on June 16, 2015 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You *may* add her to your medical insurance, since the two of you are still married (even if separated), and one spouse may put the other on his insurance. However, you are not required to add her, since no person is obligated by law to put his/her spouse on his/her medical insurance (or for that matter to have insurance him/herself)--though note: under the Affordable Care Act (ACA; a/k/a "Obamacare"), there may be some penalty if one of or both of you do not have insurance. And if you should get divorced, your pre-divorce conduct, and any expenses you forced your wife to bear herself (like medical costs) will be considered in deciding on distribution of assets and/or support. Thus, including her on your insurance may be the better course of action.


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