What to do regarding divorce and health insurance?

UPDATED: Sep 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 18, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do regarding divorce and health insurance?

My sister and her husband have separated and she has moved back home. He has health insurance on her through his job but wouldn’t let her go to a family doctor. Since she has been home, I have made apppointments for her and now he is threatening to drop the insurance on her. She has no income and cannot find employment. Can he do that being that they are still married?

Asked on September 18, 2012 under Family Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The law does not require a spouse to insure his spouse through company offered health insurance; therefore, while he can't drop her during the middle of a policy term or period, he could drop her during open enrollment or whenever changes to coverage are permitted. Should she divorce him, the divorce settlment or decree could provide that he has to pay for or subsidize her health insurance, at least for a time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption