Health Insurance

North Carolina Divorce Law Divorce and Separation Answers
1

Dear maverick:

The diret answer to your question on whether or not you are required to maintain health insurance on your spouse during separation is no you don’t have to unless ordered by the court.

But please consider the following:

  1. You have not yet signed a separation agreement and you may make her angry by dropping her now and she may not sign.
  2. You may want to ensure that she knows when you will be dropping her so she can obtain her own insurance.
  3. You can offer to maintain the insurance as long as she pays you the amount of the premium every month.
  4. If you owe her an alimony obligation (I know you said she was cheating, but I just wanted to cover this for others reading the post), and you drop her, it may look horrible for you in court and you may have to pay for private insurance for her.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

Am I required by NC Law to continue to provide Health Insurance for her through my employer? We have no children and the Separation Agreement should be finalized this week. I haven’t contacted BCBS of NC but I read on my OPM website the following:

Q. I am a Federal employee and am divorcing my spouse, who is not a Federal employee. Can I continue to cover my ex-spouse under my FEHB plan?

A. Your spouse is eligible for coverage while you are in the process of getting divorced and even while you are legally separated. Your spouse loses eligibility for coverage as a family member when your divorce is final. Your spouse can apply for coverage in the FEHB Program under the spouse equity or Temporary Continuation of Coverage provisions of the FEHB law.

I don’t want to continue her. She’s lying and cheating and I wish to CANCEL. I want to cancel the insurance all together. I don’t need it and she can fend for herself.