Can I Keep my Spouses Health Insurance After the Divorce

My Husband and I are getting a divorce. He told me not to change my name so he
can keep me on his health insurance. He thinks if we don’t tell his employer of
the divorce there is no way they will find out. Is there a way for his employer
or health insurance company to find out we are divorced if we don’t tell them? If
so what are the consequences?

Asked on March 9, 2016 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What your husband is proposing is insurance fraud. If found out, you and he could face fines and possibly jail time for the fraud; your coverage could be disclaimed or revoked, so that claims are not honored; you could be sued by the insurer. This is a very bad idea.
All it would take to come out would be a remark by anyone that you are divorced, that gets back to the insurer; if it's work provided insurance, that HR becomes aware of the change in status; that after a claim is put in, during an routine "due diligence" on the claim, someone does a web search and anything regarding the divorce comes up; that someone notices that you and your then-ex-spouse have different addresses and investigates further; etc.


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