Legal Question in Family Law in New Jersey
Do I have to keep my estranged husband on my insurance?
My husband and I have been separated for 7 months. I was advised by a lawyer that I have to keep him on the health insurance provided by my employer until the divorce is final or until he obtains his own. About six months ago, he began working full time but refuses to tell me whether he now has his own insurance or when he will qualify for it. I am currently planning to quit my job in order to return to college and work part-time. Once I leave my full-time job and no longer have health insurance, am I legally obligated to obtain insurance on my own and put him on the policy? The divorce is taking longer than I expected.
2 Answers from Attorneys
Re: Do I have to keep my estranged husband on my insurance?
hi -
usually, you must keep the spouse on your insurance until the final judgment of divorce. now, the court even makes you file an affidavit of insurance that is in place at the time of the filing of the complaint for divorce. you could be held in contempt of court if you take him off or cancel it. if you have any other questions, feel free to call me at 609 263-0089. good luck !!
Re: Do I have to keep my estranged husband on my insurance?
Divorces always take longer than anticipated. I am relatively certain that the insurance issue is only one among many in your divorce. If it is not costing you anything, it seems that it should not matter if he is on the insurance or not. If it is costing you money, you may be able to shift some of the cost to him. And, if you are quitting your job for any reason, you need to be sure you have coverage. In any case, I cannot give you what I consider to be good advice because I do not have all of the information that I believe I need. There certainly are other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner