Do I have to carry health insurance on my wife while going through a divorce

Asked 8 months ago - Charlestown, IN

She lives in Virginia an I live in indiana

Attorney answers (4)

  1. Andrea Lynn Ciobanu


    Contributor Level 13


    Lawyer agrees

    Answered . Where is the divorce pending? Whichever state the divorce is pending will have jurisdiction. Typically, absent an agreement, you probably need to continue insurance on her until the dissolution has finalized, at least in Indiana. However, as mentioned, there are certain agreements that you can come to, based on the economic and other situations of the parties. This answer could potentially change if the divorce is pending in Virginia. You should consult a lawyer in the state with jurisdiction to review your situation in detail and then provide you with more specific advice on your situation. Best wishes to you.

    No attorney client relationship has been established by this response. This information is based only on the facts... more
  2. Michael Alan Setlak


    Contributor Level 5

    Answered . Yes, unless ordered otherwise you must continue to keep the insurance on your wife. Unless you receive an order telling you otherwise you must keep your insurance plan as is.

  3. Dawn M. Boyd

    Contributor Level 12

    Answered . In what state is the divorce pending? Generally, in both Virginia and Indiana, you will have to maintain the health insurance on your wife until the divorce is finalized if she has been on your plan during the marriage. (I am licensed in both states.) There are exceptions where both spouses have separate insurance through their respective employers, and in such cases it is doubtful a court will change the status quo. This same rationale can apply to auto insurance as well. As in all cases, the specific facts will determine the legal advice you receive, and I would suggest you consult with an attorney who is licensed in the appropriate jurisdiction.

    Responses by Dawn M. Boyd, Attorney At Law, to inquiries on this site are based on the information provided and... more
  4. Katherine Ridenour

    Contributor Level 4

    Answered . Yes - you should absolutely continue your spouse's insurance coverage unless a Court authorizes you to discontinue that coverage. A Court typically orders that neither party transfer, encumber, conceal, sell, or otherwise dispose of joint property...this applies to transferring ownership or beneficiary status on life insurance policies.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alternatives to divorce

Divorce is not the only solution to marital difficulties. Marriage counseling, legal separation, or annulment are other alternatives.

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