If I don’t have a family plan on health insurance because I can afford it, when going for a divorce and my husband has no health insurance, am I obligated to pay for his insurance?

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If I don’t have a family plan on health insurance because I can afford it, when going for a divorce and my husband has no health insurance, am I obligated to pay for his insurance?

Even though I’m on a single plan now.

Asked on December 1, 2012 under Family Law, Massachusetts

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general rule, when spouses divorce, spouse #1 is no longer responsible for the spouse #2-- this means that spouse #1 would not automatically be required to cover the spouse on their insurance policy.  The exception to this rule is if the court ordered spouse #1 to continue coverage as a type of marital support for spouse #2.  This is more of the excpetion than the rule and happens in a limited number of cases.  The only other exception is if the spouses agree to the arrangement.  Absent some unusual circumstance, you would not automatically be required to cover your ex-spouse in your insurance plan.


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