Do I have to keep health insurance on my wife if we divorce?

Asked on January 10, 2013 under Family Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First of all, are you separated? If so, do you have a separation agreement and what, if anything, does it say about insurance? If you don't, then typically, you must keep your spouse on your health insurance until a divorce is finalized.

After that, your ex-spouse will be removed from your medical insurance; in fact they'll no longer be eligible for coverage. If it's a group policy, from your employer, they will be eligible for 18 months of coverage under COBRA but since that's their own coverage, they will typically have to pay for it themselves.

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