Health insurance coverage


#1

Hi,
Could someone please tell me if the abandoning spouse has to carry current health insurance on the abandoned spouse until the divorce? I have some coverage on my own, but suffer a condition that exceeds its coverage. I have been using my STBX’s coverage to pick up the difference. Today, I was told by the doctor’s office that my enrollment in his policy had been dropped back last May! This is the first I’d heard about it. It was not until summer 2010 that we actually separated. I have been carrying my STBX on my health coverage and paying twice the premium for a self-only plan all this time. Could I be dropped from my STBX’s policy without them notifying me?

I have not asked for support from my STBX, even though my own income does not cover everything I need. My STBX knows I do not make enough to cover the house pmt, car pmt, utilities and food. I was also left with a huge debt that is in my name because my STBX could not get credit, so finances are nearly impossible for me. I could have used the extra money I’ve paid in health coverage for my STBX for bills and food. I kept it because I thought I was legally obliged to continue the policy until divorce.

Thank you for your consideration of my question.


#2

There is a law called the doctrine of necessaries, in which one spouse could be held liable for any necessary costs the other spouse incurs (uninsured medical expenses) for so long as you are married. Further, most plans will not allow you to remove your spouse from coverage unless and until you are divorced, or you can prove she has procured coverage elsewhere.

Once you are divorced, you can no longer carry the other spouse on your health insurance unless it is through COBRA. If you feel that you are the dependent spouse, you can consider filing for post-separation support and alimony against your ex to help offset your expenses. I will you all the best.