Do I have to keep my spouse on my health insurance through my job even though we have legally separated and have been living apart for 1 1/2 years?

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Do I have to keep my spouse on my health insurance through my job even though we have legally separated and have been living apart for 1 1/2 years?

Asked on August 31, 2015 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the law does not require one spouse to keep the other on his or her insurance though be aware that the Affordable Care Act could impose a penalty on you if your wife does not have insurance. The fact of separation does not affect that one way or the other that is, it does not mean that you can't keep on insurance if you want, but nor does it require you to do so. Bear in mind that what you do before a divorce could affect the distribution of assets or the assignment of spousal support in a divorce, should you divorce.


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