Does a husband seperated from his wife have to provide insurance for her?
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Does a husband seperated from his wife have to provide insurance for her?
Husband has insurance on his son and himself through his work but refuses to put his estranged wife who is very sick and doesn’t work on his policy. He doesn’t want to pay the extra co-pay for her. The couple doesn’t reside together but are still legally married. Is there a law that requires him to insure her through his work or supply another policy by law?
Asked on December 4, 2010 under Family Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, there is no law that requires a husband to put his wife, sick or otherwise, on his health insurance. This may be a case where the wife would be better off divorced, rather than separated: in a divorce, whether as part of a settlement or as the result of a court judgment, it may be possible as part of the support the husband has to pay to require him to pay for her health insurance (though at that time, she'd have to obtain it on her own). The fact that they are married doesn't seem to be giving her any advantage, if the husband won't put her on the insurance. The wife should probably discuss matters with a divorce or matrimonial attorney, to see what would be in her best interest.
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