Divorce

In general, the laws that apply to one spouse keeping another spouse on his/her health insurance generally kick in when one party files for divorce. Courts generally don’t get involved in decisions of married couples in terms of whether or not one spouse has to include the other on his/her insurance. In many states, upon filing for a divorce, there are “automatic orders” that become effective, which prohibit either spouse from removing the other from health insurance and prohibit other actions such as transferring property or draining bank accounts. It may also be possible in some states that upon filing for a divorce, a party can ask the judge to order a spouse to re-enroll the spouse on the health insurance while the divorce is pending. To learn about what your rights may be at this point, you may want to consult with a divorce attorney in STATE. You may want to ask the attorney whether or not a judge can order your spouse to re-enroll you on your husband’s insurance when filing for divorce (or at some point prior to filing) and/or whether or not you can seek a portion of the costs that you had to pay for your own health care as part of the divorce settlement of assets. Here is a link for lawyers: LINK And here is some basic information on divorce in case that’s useful: LINK