Health insurance


My soon-to-be-ex-husband and I have been separated for over a year. I have not filed for divorce yet as I am hopeful that we may be able to draft a final agreement and not have to fight it out in court, although he is definitely dragging things out. He forgot to take me off his employee health insurance plan last year. I just got paperwork that seems to indicate that he didn’t take me off this year either. I am certain that he is not just trying to be nice: he is quite hostile towards me and does not try to be “nice” in any other way or pay a penny more than he has to. I am assuming that he either forgot again or was careless, which is not entirely uncharacteristic of him.

My question is whether I have any obligation to him. I understand that he may use it as a negotiating point in the settlement and I’ll deal with that if it comes up, but if we aren’t able to reach an agreement and we go to court, can I be legally required to pay him back? I did not ask to stay on his plan but I am using the benefits.


You may not be required to pay him back for health insurance benefits.

Typically, a supporting spouse will be required to maintain a dependent spouse’s health insurance policy until there is a divorce judgment entered.


Is my husband required to keep me on his health insurance as a spouse while we are still married? we are recently separated and he had taken me off his insurance. I am finding it difficult to get new insurance that is affordable for me . My question is can I stay on his insurance legally because we are still married? I have been told by my doctor he can not remove me because we are still married. He had me removed the very next morning . We have been separated for only about four weeks now and we are waiting out the year seleration period.


Yes, your husband can continue to carry you on his insurance policy because you are still married and not yet divorced.


I see your answer that he can keep her on the insurance but her question was more can he take her off the insurance before a divorce is completed? I am in the same situation. Thanks


Yes, a husband can remove a wife from health insurance prior to an absolute divorce being granted unless there is a court order or separation agreement to the contrary. In most cases however, it would be difficult to remove a spouse unless during an open enrollment period.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

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