Allowing wife to stay on my employer-self insured health coverage after divorce

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Allowing wife to stay on my employer-self insured health coverage after divorce

I live in PA and work for a major NY firm that self insures its employees’
health coverage for free. I would rather my wife stay on my heath plan
after divorce since it will save us both money. Can I do that? She is a
stay at home homemaker and has no insurance coverage beyond my health
plan.

Asked on November 16, 2017 under Family Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

Generally speaking, no, you can not keep her on your health plan after you divorce.  There is no legal tie that would permit the insurer to allow that.  While PA does not require a written legal separation in order to divorce, you may want to consider one.  It can allow you to remain married but it can set forth all the same terms for separation as a Stipulation of Settlement: divide assets, set custody and set support.  This would allow her to remain on your insurance.  Speak with your lawyer.  Good luck.


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