If I’m going through a divorce can I remove my husband from my medical inurance and can I be heldliable ifhegets hurt/sick?

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If I’m going through a divorce can I remove my husband from my medical inurance and can I be heldliable ifhegets hurt/sick?

I was going to remove my husband from my medical insurance and my employer mentioned that if he got injured or sick I could possibly be sued or responsible for not having insurance on him. Money is being taken out of my paycheck every pay period and his lawyer said we have no problems with my removing him from the insurance policy. Is there any way I can be sued or held responsible financially or any other way if I no longer carry insurance on him?

Asked on July 14, 2011 under Family Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

Generally speaking, you are under no legal obligation to insure your spouse. However, you can be under a legal obligation to pay for their medical bills in the event of an accident or tragedy.  Quite a catch 22, isn't it?  Now there is a caveat: if the courts order that you maintain insurance on your spouse until such time as you are divorced and you do not, then you could also get in to some trouble.  So you need to figure out if one, it was ordered by the judge to have you maintain it; two, if he has the ability to get insurance on his own and three, if this is the time of year that an insurance company will let you drop him.  Generally you can only do so for a qualifying event (birth or marriage) and in open enrollment periods.  And anything his attorney says get in writing.  Good luck.


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