If my wife and me have separated, when can I take her off my insurance?

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If my wife and me have separated, when can I take her off my insurance?

She is refusing to divorce me because she still wants to be able to be on my health insurance.

Asked on August 9, 2012 under Family Law, Oklahoma


Brad Micklin / The Micklin Law Group

Answered 11 years ago | Contributor

You could but you should not.  If you are married, you have no legal responsibility to maintain life insurance whether separated or not. However, any liability incurred while you remain married that would have been covered by any insurance is a marital debt for which you will be partly responsible. As such, the cost of maintaining the insurance is probably greater than the risk of financial liability that could incur if there is an accident or medical issue that is not insured.

The better approach is to determine what share, if any, the other spouse will contribute to maintaining the insurance during their separation.

You should speak with an experienced attorney who is familiar with these areas of law.

Good luck.

Brad M. Micklin, Esq.

187 Washington Ave., Suite 2F

Nutley, NJ 07110


[email protected] 

This information is based on New Jersey law and upon the limited facts you presented. My advice may be different if I find that the facts presented are different.  Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship. 

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