Legal Question in Family Law in South Carolina

Planning on divorcing my husband after we sell our house.

He has stated that the only thing he wants from me is to continue to be on my health insurance.

I do not want this, because I don't want ANYTHING do to with him once the house sells.

Once divorced(or even separated since I live in SC and you have to be separated for a year before divorce) can I be forced to have him on my health insurance?

The open enrollment period of my health insurance starts soon. I was planning on not adding him on it, but I don't want to get tied into a legal mess if he gets a judge to demand that I have him on my health insurance.


Asked on 10/07/10, 9:35 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

The Family Court typically requires the insurance to be maintained until the divorce, particularly if he does not have access to insurance through his employer. However, it will likely require him to reimburse you for the cost of same. After the divorce, the Court might require you to provide forms, etc to him for him to maintain the insurance if he desires, but it will not require you to do so.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/15/10, 8:26 am


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