What does the Separation Agreement (if any) say, and what do the health insurance plan documents say?
Usually, getting hitched, divorced, or a new baby is sufficient grounds for a mid-year change to the insurance, so once the divorce is granted, friend can drop the STBX immediately.
He might be obligated under his separation agreement to provide medical coverage until date of divorce, depending on what his health coverage is like.
If there is no separation agreement or court order, there is no legal requirement that any person provide health insurance for their spouse. However, they should notify their spouse that they intend to cancel the coverage so their spouse can make alternate arrangements.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I have a friend who has been separated for more than 2 years and is getting ready to file divorce papers. He has been covering his soon-to-be Ex-wife under his company’s medical insurance plan. The plan is coming up for annual renewal period and of course he wants to drop coverage on her. How long does he legally have to provide medical coverage for her? Is it up until the time divorce is filed, up until time the divorce is granted? Is there a time specified by law, or does a judge usually follow some customary standard? Please advise. Thank you.