If I can no longer afford to pay my spouse’s health insurance as I am taking care of the kids w/o any support from him, can I take him off my health insurance?

I am separated and have filed for child support.

Asked on October 10, 2018 under Family Law, Maryland


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

Answered 2 years ago | Contributor

There is no law that requires one spouse to insure the other. That is unless there is a court order or agreement of some kind with your spouse to the contrary. I so, then you are legally required to follow its terms.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If there is no court order, or any agreement/settlement you have entered into with your spouse, requiring you to pay for his health insurance, you can take him off: there is no law obligating one spouse to cover the other in the absence of an agreement or order to that effect. If there is such an  agreement or order, however, you will have to follow it.

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