Does my ex need to continue providing health insurance after being separated?

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My husband and I have been separated for about 2 years. Is he still required to provide me with health insurance coverage?

Asked October 19, 2015

1 Answer

By law, a separation does not mean that you are no longer married. Any joint accounts or insurance policies are still valid so long as you remain legally married. This includes your mortgage, car loans, bank accounts, and any insurance policies you have in place to protect your financial worth as a couple.

For insurance companies, the separation of a married couple can introduce problems and additional risks. For example, one partner may decide to "pull a fast one" on you, and start filing claims that are intended simply to drive up your costs or ruin your reputation with the insurance company. For health insurance, the separation means that your health insurance policy is serving double duty, protecting you and someone outside of your immediate household. Some insurers may limit the effectiveness of this by restricting the coverage to people who reside at the same physical address.

Whether a man is required to provide health and medical insurance to his estranged wife after 2 years of separation will depend on both the laws of the state in which you reside and the insurance company you are dealing with. In some cases, the coverage is limited to a single domicile, while other cases provide specific time periods for separation before the coverages become void.

Call your insurance company and ask them what the company policy states about separation, or call your state's Department of Insurance. Since the separation is treated differently from one location to another, there is no simple yes or no answer concerning whether you will be required to continue paying for medical insurance for your estranged spouse.

Answered November 3, 2015 by Anonymous

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