Can I Keep my Spouses Health Insurance After the Divorce

UPDATED: Sep 30, 2022

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Can I Keep my Spouses Health Insurance After the Divorce

My Husband and I are getting a divorce. He told me not to change my name so he
can keep me on his health insurance. He thinks if we don’t tell his employer of
the divorce there is no way they will find out. Is there a way for his employer
or health insurance company to find out we are divorced if we don’t tell them? If
so what are the consequences?

Asked on March 9, 2016 under Family Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What your husband is proposing is insurance fraud. If found out, you and he could face fines and possibly jail time for the fraud; your coverage could be disclaimed or revoked, so that claims are not honored; you could be sued by the insurer. This is a very bad idea.
All it would take to come out would be a remark by anyone that you are divorced, that gets back to the insurer; if it's work provided insurance, that HR becomes aware of the change in status; that after a claim is put in, during an routine "due diligence" on the claim, someone does a web search and anything regarding the divorce comes up; that someone notices that you and your then-ex-spouse have different addresses and investigates further; etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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