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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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In, wife makes larger income and provides health insurance.

Customer Question

In Virginia, wife makes larger income and provides health insurance for husband. They are separated, not seeking divorce, but wife wants to stop providing health coverage for husband. Can she legally do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Generally speaking each spouse is required to support the other. But that support is based on necessity, which means that if the other husband is able to purchase his own insurance legally, she can indeed drop him from coverage. She cannot drop him from coverage if he is financially unable to provide his own support, or if the separation agreement clearly states that she is responsible for his medical insurance until divorce is granted. Otherwise there is no law forcing her to keep him under coverage.

Sincerely,

Dimitry, Esq.