What to do regarding divorce and health insurance?

My sister and her husband have separated and she has moved back home. He has health insurance on her through his job but wouldn’t let her go to a family doctor. Since she has been home, I have made apppointments for her and now he is threatening to drop the insurance on her. She has no income and cannot find employment. Can he do that being that they are still married?

Asked on September 18, 2012 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law does not require a spouse to insure his spouse through company offered health insurance; therefore, while he can't drop her during the middle of a policy term or period, he could drop her during open enrollment or whenever changes to coverage are permitted. Should she divorce him, the divorce settlment or decree could provide that he has to pay for or subsidize her health insurance, at least for a time.


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