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Roger, Attorney
Category: Family Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Do I need to have my soon to be exhusband on my medical insurance

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Do I need to have my soon to be exhusband on my medical insurance plan. His attorney called and told me I was in contempt of court because I dropped him on the first of the year(enrollment time)

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

In order to be in contempt of court, there would have to be a court order in place that requires you to maintain medical insurance for your ex.

Do you know if your divorce decree or property settlement agreement or spousal support agreement says anything about you maintaining him on your insurance plan?

Customer: replied 3 years ago.

We are not yet divorced nor have we had a court date....he keeps delaying it because I think he just wanted me to continiue paying for his health insurancd

In that case, I can't understand the allegation of contempt. You should first ask the attorney what basis he claims that you're in contempt.

There's no requirement that one spouse keep another insured by default. Thus, your initial inquiry needs to be what grounds are there to support the allegation that you're in contempt. If there's no court order, then I don't see any wrong.

It is possible that you will be required to provide him insurance on your plan if he can't get insurance on his own. IF that is ordered, and enrollment isn't open, then there could be a period where he's not insured or where he would have to get an individual policy until you could enroll him.

However, alleging that to you at this point is premature. IF you have an attorney, I would just consult him/her about it and then respond. If you don't have an attorney (and you don't plan to get one), then you should ask how you're in contempt without a court order and see what the response is.

Customer: replied 3 years ago.

Can I check something tomorrow and get back to you?


Sure. This question will remain open for quite some time. Just respond here and I'll get a notification of the post.

Thanks and have a good night!
Customer: replied 3 years ago.

huaband's attorney is getting a court order to have him reinstated on my insurance. Can he do that? and if yes, can it be stated that husband must pay all co pays.

Hi -

You can't stop the lawyer from filing the motion. However, you can object to the motion and claim that he can get his own policy and doesn't have to be on yours. He would have to be able to show that he can't get insurance on his own or that the cost would be substantially higher to get a separate policy.

Also, if he is allowed to stay on your policy, he should have to pay the cost involved, his co-pays, etc. also, you should not be financially responsible for any debts he has to Pattie medical care.
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