AmI required to keep health care for my wife if it is not mentioned in the divorce decree?

Asked on October 20, 2011 under Family Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you do not have to do this. The only obligations you have towards you ex-wife are those in the divorce decree (which is court order) or in a divorce settlement (if any) which the two of you voluntarily entered into (that's essentially a contract). While you are *allowed* to voluntarily do more than in the decree or settlement, you do not have to go beyond them.

Note that IF (1) the divorce is not final--i.e. at the moment, the two of you are still married; and (2) your wife is currently on your health insurance and it's not "open enrollment" (the time when changes are made to health insurance), then you still have to cover her for the moment. If you're in the middle of a policy, it's only when the divorce becomes final and you are "unmarried" that you can take her off insurance.

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