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

Charlestown, IN |
Attorney answers 4


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 and details provided in the question and is more of a general explanation or citation to the applicable law, or portions of the applicable law concerning your case. You should still contact a lawyer to review your case in detail, as well as any and all legal documents in your case, and to obtain specific advice based on your situation. You should not post private information in your question. I am only licensed to practice in Indiana and any information I post that involves another state should not be construed as practicing law in that state. Please be advised that if you would like to formally retain me, or our law firm, you must sign a formal retention agreement and adhere to the terms of representation in order for an attorney/client relationship to be formed between us. Please be sure to rate the best answer, or mark your answer as helpful, if you believe the information posted was helpful to you.


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.


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 are for general information only. Any responses and information presented should not be construed to be formal legal advice nor establish the formation of a lawyer/client relationship.


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.

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