Is it against the law if Iam separated from my wife and dropped health insurance on her prior to the divorce being final?

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Is it against the law if Iam separated from my wife and dropped health insurance on her prior to the divorce being final?

Asked on October 18, 2010 under Family Law, Iowa

Answers:

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

Answered 10 years ago | Contributor

You are under no obligation to keep your spouse on your health insurance married or not, UNLESS the court has ordered same.  In other words, if the court issued a temporary order or you signed an agreement that states you are to keep her on your insurance until "the divorce is final" or x number of years - whatever - then you have to do so or you would be in contempt of court and in violation of the order.  You could also be held monetarily liable if you were supposed to keep her on the insurance, she got hurt or sick and needed care, and she had none, and she ran up doctor's bills.  She would sue you based upon your agreement. So read the agreement or court orders carefully.  Good luck.


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