If my wife left me and she is on my health insurence, can I take her off?

A month-and-a-half ago my wife left without reason and abandoned me. We moved to KY 3-and-a-half months ago from NC and she is now in FL. She is on my health insurance through my work and was supposed to pay me for it but now says she is not. Can I take her off it? What can she do if I do? We are not legally separated and are going to get a divorce as soon as we wait until I am a resident here.

Asked on September 12, 2010 under Family Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

I would consult with an attorney in Kentucky to make sure that you are not violating any state specific laws here and what is going to happen in the long run as to the distribution of your assets.  Generally, you are under no legal obligation to provide health insurance for your spouse.  You do not have to add the spouse or provide for their insurance.  That being said, a Judge will look much for favorably on a spouse that takes the high road to all the goings on in the marriage rather than the one that retailiates by cutting of the other's services (which could be detrimental to their obtiaining insurance in the long run) or emptying bank accounts, etc.  Start the paperwork and ironing out the details with an attorney and your spouse's attorney and then file once the residency requirement has been met.  Good luck.


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