Health Insurance


#1

No, you are not required to carry health insurance for your wife or her children. However, you should check with your human resources office (if your insurance is through your employer) about what you would have to do to remove them from the policy.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

i have already done so & dropping them from the coverage would require only a phone call.

what i am concerned about is, is the divorce gets ugly & drawn out - will the court look badly upon me doing so?

thanks. you have been very helpful.


#3

I understand that you have been seperated for five months and want to move on. My question is, why do you want to cancel the insurance now? Is she employed? Perhaps it would be fair to tell her that she needs to get her own coverage before you pull the rug from under her. Your reasons for being seperated is not my business, but it would be the fair thing to do.

I am learning through this process and found that it is not as nasty if you show that you are trying to be fair and not hurt the other person. Another thing I learned long ago, is that feelings are all that a person really has and if they feel really hurt they always strike back. Just try to do what is in your heart and it does help to think of happier times with the person while making decisions.

Good luck in your decision.


#4

Outty,

you are correct. it doesn’t have to be ugly. in fact, i’m not “pulling the rug” out from anyone. i have discussed this issue with my spouse in detail.

yes, i have been separated for 5 months. i’ve also agreed to continue to provide health insurance until May 31st. that’s 8 months worth of health insurance that i am providing for her & her dependants (without asking for any money). also, know that she is the one who asked for the divorce.

if she does indeed want to get a divorce, why is it my responsibility to continue to provide health insurance for her long-term?

additionally, if i specify in the separation agreement that i will continue to provide coverage for her until the divorce is final, wouldn’t that be an incentive for her to draw out the divorce process & make it longer/harder than it really needs to be?

also, she recently got fired from a job, so she is currently unemployed. this is a recurring pattern & is not the first job she has been released from.

do any of these facts change the way you view the situation?


#5

Yes, I think you have done the right thing to discuss it first. I wasn’t trying to have an opinion, only asking that you ask some questions first.

I’m sorry that it has come to this for you and your family. As in my family the insurance will be a consideration for my husband concerning me and our children. We will need the insurance to be continued and I am the one wanting the divorce as well. I am within my rights to want to have peace of mind from my situation but, don’t want things to get so ugly and I end up losing what is a necessity for me and the children. I do work and have a small business but, his company insurance is cheaper.

As before good luck and stay encouraged. Do the right thing in the beginning and then you never have to feel bad later on. [;)]


#6

Dear Youth_In_Asia:

Greetings. It may look bad if your wife is entitled to alimony if you drop your spouse. You have no duty to cover her children though, so dropping them from the insurance should not matter. You may want to offer her to pay the premium until the date of divorce though. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#7

thanks for the helpful info. actually, i did end up agreeing to continue to provide that until the divorce is final.

for what its worth, i really want her kids to have health coverage. i’m not really concerned about her coverage but so be it.


#8

Great! Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#9

i have been separated for 5 months & am currently drafting a separation agreement.

the issue of health insurance has come up. i have agreed to continue to leave my wife & her 2 children (not mine & not adopted) on my health insurance until the end of May 2004.

what i would like to know is am i legally required to provide this health insurance for them? (her or the kids) remember, the kids are not mine & i did not adopt.

thanks.