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Is my husband required to carry our daughter on his health insurance past the age of 23

Plainfield, IL |

Is my husband required to carry our daughter on his health insurance past the age of 23 because of the new health care law (allowing parents to keep kids on their insurance till age 26). Daughter is a full-time student.

Attorney Answers 4


Assuming your are still married, then he is not required to keep her on his insurance, but has the ability to choose to maintain her on his policy. If you are divorced and your divorce decree only requires him to maintain her until the age of 23, then you would have to file a petition to modify the divorce decree to require him to maintain her on the policy. I would do immediately when she is still on the policy.

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13 lawyers agree


If you are divorced then I agree, you need to read your divorce decree and see what age he can legally remove your daughter from his health insurance.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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7 lawyers agree


Depends ... are you still married? If yes, then no. If no, then maybe. Consult with an attorney if you're divorced.

Feel free to call. 312-987-9999 Ext. 15

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7 lawyers agree


You referred to him as husband, so either you are going through the divorce process or not divorced. Either way, without a court order requiring him to keep her on his health insurance, he is not required. If you are going through or have been divorced, then you should contact an attorney to explain in more details what your rights are.

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