My friend has been separated 4 yrs. and trying to get his spouse to agree to divorce, but when they get close her lawyers brings up something else and it's delayed again. He is covering their 3 children, but just accepted a new job and wants to drop her coverage when he does, but she keeps saying he has to because technically they're still married. She's self-employed and probably doesn't want to pay the high premiums, but he wants to know if he is required to still cover her.
2006-12-01 05:13:57 · 14 answers · asked by MMOB 1 in Family & Relationships ➔ Marriage & Divorce
No, he does not have to cover her. Even if they still lived together, there is no law in any state that says a person must provide insurance coverage for their spouse. Insurance is optional no matter what, and he can drop her from his policy. Just make sure he keeps the kids on, there is no reason they should suffer because of her selfishness.
He could offer a compromise, if he wanted to. He'll keep/put her on his policy, if she will pay the difference in cost to cover her being on it. It would be less expensive coverage for her, and he won't be loosing any money while he waits on the divorce to be finalized.
2006-12-01 05:23:25 · answer #1 · answered by welches_grape_jelly 6 · 0⤊ 0⤋
Check the laws in his state, but I do not believe that he is required to cover her at all. In fact there is no law that requires insurance coverage for anyone. He is being responsible by covering his children, but I do not believe that he legally has to.
The laws at most require child support, which is a cash amount just like alimony.
He should really bring this up with his attorney. He could use her cheapness against her. People who are self-employed can buy their own health insurance.
Take care,
Troy
2006-12-01 05:20:28 · answer #2 · answered by tiuliucci 6 · 0⤊ 0⤋
Only if it is specified in the separation agreement does he have to carry her health insurance. I cannot imagine that lawyer or judge would have required that provision. Even if you are still married and living in the same household - there is no law requiring a spouse carry health insurance on the other.
2006-12-01 05:31:11 · answer #3 · answered by arkiemom 6 · 0⤊ 0⤋
He doesn't 'have to' do anything unless it's in their separation agreement (if they have one). What your friend should do is get her attorney to petition the court for a court order that requires him to retain coverage. Sounds like he's just being a jerk, because insurance plans usually charge for either the employee, the employee + spouse, or the employee + family (which would include spouse and children for one cost). Dropping her from the plan won't save him any money, sounds like he's just being mean and hateful.
2006-12-01 05:20:03 · answer #4 · answered by oneamy2001 2 · 0⤊ 1⤋
No spouse has to cover the other's medical insurance...even if they are happily married and live in the same house....that is an ELECTIVE....he doesn't even HAVE to cover the children, but that would just be wrong and stupid...
2006-12-01 05:23:19 · answer #5 · answered by mjboog2 4 · 0⤊ 0⤋
This is a question he should ask his lawyer. If it was previously agreed that he would cover her as well, then yes. If there was nothing specifically agreed to about her (only the children), then no. He shouldn't be responsible for HER medical care, but only that of his children.
2006-12-01 05:17:45 · answer #6 · answered by sassybree1979 5 · 1⤊ 0⤋
If it doesn't cost you anymore money why not keep her on , she is the mother of your children. See what her policy want cover yours will, don't be mean evidently she still cares for you and if it isn't costing anything let her keep good insurance. You don't have to but don't you think that would help.
2006-12-01 05:50:05 · answer #7 · answered by Nicki 6 · 0⤊ 0⤋
Hey I am married and not required to cover my husband on my insurance why the hell should he pay for hers.
2006-12-01 05:18:03 · answer #8 · answered by Belinda 4 · 1⤊ 0⤋
she's just dragging it out for spite. have him go to his insurance agent and see what they say. i don't think he is responsible if she can afford to cover herself. the children are a different story though. make sure he makes a list of his concerns and give them to his own lawyer, if his lawyer is worth his salt then he'll knnow what to do.
2006-12-01 05:22:21 · answer #9 · answered by NoDeal21 3 · 0⤊ 0⤋
Technically you're messing around with a married man who has man unresolved financial issues. This is your problem.....why? I think the man should continue to pay for health insurance for the mother of his 3 kids. Is he that petty, or are you?
2006-12-01 05:17:53 · answer #10 · answered by Violet Pearl 7 · 1⤊ 2⤋