If my husband filed for a divorce, am I responsible for his coverage health insurance coverage and any medical bills he may acquire?

His portion of the medical insurance is over $500 a month. I just want him to pay for it or I will cancel his coverage. Can I do this? I just want in writing from his lawyer that he will deduct the amount from any money he should be awarded by the court.

Asked on July 28, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless there is a law specific to the issue in Texas, generally, you are not obligated to place your spouse on your insurance or to keep him or her there.  HOWEVER, at this point in time if you just dropped him it may be seen as retaliatory by a judge and it may be detrimental to his obtaining insurance elsewhere if the facts and circumstances show that.  But I agree that you have every right to ask for reimbursement and better yet, contribution now while the proceeding is pending. And once you are divorced he can not be on the insurance as a matter of law.  So yes, have your lawyer ask away to his lawyer and advise that you can no longer cover his portion for financial reasons (I assume his income is no longer in play for you) and give him the option of continuing the insurance for now by contributing to same. If he refuses then advise you will need to terminate his coverage. Good luck.


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