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I'm not legally seperated and/or divorced. Am I still obligated to have my spouse on my health coverage?

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Attorney answers 4



Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

David Alexander Browde

David Alexander Browde


I should qualify that: if a divorce case is pending the automatic orders prohibit removing her from insurance.




Here's the problem with the flat-out "no" answer to your question: if your spouse makes substantially less than you & does not have access to health coverage through an employer, once the divorce does start, the Judge would be highly likely to: (a) order reinstatement of coverage, (b) if the Judge perceievs you terminated coverage out of spite, the Judge may make you reimburse any uncovered health care expenses. For a full assessment, schedule a consultation with a NYC Family Law attorney.

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Not obligated, but best not to drop your spouse, or it will likely come back to bite you.

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