Am I required to pay my wife's medical insurance during separation?

Asked almost 4 years ago - Danville, CA

My wife had an affair and left 9 months ago. About 6 months ago my boss cancelled our medical insurance through work. I just got new insurance for the family but did not renew for my wife. We were a 2 income family and I am having to borrow from a family member to pay the bills sometimes. I'm already paying her car insurance, some back taxes, and her part of a shortfall on our rental property each month. I offered to trade some of those expenses and add her on to our medical but she wants me to do all that and add her. I just don't have the money. Any advice??

Attorney answers (2)

  1. Rebekah Ryan Main

    Pro

    Contributor Level 18

    Answered . Have you filed for divorce yet? Spouses owe each other the duty of support. Generally, if you are insuring her during marriage, a court would order you to maintain the “status quo” by paying for the insurance during the divorce. But you also have issues of support, her ability to be self-supporting, her obligation to pay her own bills vs. your obligation to provide her with support. You need to see an attorney and get this process started, so that you can resolve these issues. By the way, the fact that she cheated is irrelevant.

    Best of luck to you.

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    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

  2. Bernie Johannes Kempen

    Pro

    Contributor Level 10

    Answered . After the court requires jurisdiction over your divorce you may not cancel any insurance. Here, however, your employer cancelled your policy so you are not in contempt of court. A court will look at your and the your wife's overall financial situation and your support obligation, if any, before ordering you to add her to your new policy.

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