Medical insurance coverage

Depending on how much it costs, it might be cheaper to keep STBX on the plan than to cut STBX off and potentially pay legal bills from a resulting court fight.

For example, if keeping STBX on the plan costs $60 per month, keeping them on for an extra year costs $720, which is also the cost of somewhere between three to six hours of attorney’s time. Just the hearings, if any, will chew up most of that time.

I do not believe that you can carry someone on your private medical insurance that you are not related to. You can carry until the divorce is granted but after that I believe that legally the insurance coverage stops. If the divorce is being filed and renewal time on insurance is coming up also, it may be a good idea to discuss with your insurance company that your STBX will be covered until you get the final divorce decree. I believe that COBRA is the only exception to this.

Unless there is an agreement or a court order you do not have to continue health insurance coverage on your spouse. I would make sure you notify them you have cancelled their coverage so that they can make alternate arrangements. If your spouse is dependent on you financially, you should consult with an attorney before taking this step.

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.

Do you have to continue medical insurance coverage on a STBX? Is there any legal requirement (or would a judge rule that?) to cover until time of divorce? Renewal time is coming up. There is NO separation agreement and the divorce is being filed asap. PLease advise. Thanks!