Does a husband seperated from his wife have to provide insurance for her?

UPDATED: Dec 4, 2010

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Does a husband seperated from his wife have to provide insurance for her?

Husband has insurance on his son and himself through his work but refuses to put his estranged wife who is very sick and doesn’t work on his policy. He doesn’t want to pay the extra co-pay for her. The couple doesn’t reside together but are still legally married. Is there a law that requires him to insure her through his work or supply another policy by law?

Asked on December 4, 2010 under Family Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, there is no law that requires a husband to put his wife, sick or otherwise, on his health insurance. This may be a case where the wife would be better off divorced, rather than separated: in a divorce, whether as part of a settlement or as the result of a court judgment, it may be possible as part of the support the husband has to pay to require him to pay for her health insurance (though at that time, she'd have to obtain it on her own). The fact that they are married doesn't seem to be giving her any advantage, if the husband won't put her on the insurance. The wife should probably discuss matters with a divorce or matrimonial attorney, to see what would be in her best interest.

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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