Who has to pay their spouses health insurance? This is the real dealbreaker for me.

OFlahertyLaw · 2024-11-24T22:03:30+00:00

In Illinois, there is no automatic requirement that one spouse must continue paying for the other spouse’s health insurance after a divorce. However, there are a few potential scenarios in which health insurance coverage could be a factor in a divorce settlement:

Spousal Support (Alimony): If one spouse is awarded spousal support, it may include provisions for health insurance if the recipient spouse cannot afford it or needs coverage after the divorce.
COBRA Coverage: If one spouse was covered under the other's employer-sponsored health insurance plan, the spouse who was covered may be eligible for continuation of coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act) for a limited period (usually 18 months). The spouse who was on the policy would generally have to pay the premiums for COBRA continuation.
Negotiated Settlements: During the divorce process, the parties may negotiate who will be responsible for health insurance premiums, or the court may order one spouse to maintain coverage for the other for a certain period, especially if the spouse is financially dependent or has health issues.
Children’s Coverage: If children are involved, the court may order one spouse to maintain health insurance coverage for the children, which is separate from the spouse's coverage. It's important for both spouses to consider these options during divorce proceedings, and a family law attorney can provide advice on what’s reasonable and what might be included in a final settlement or court order.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

FUMoney · 2024-11-05T08:25:44+00:00

Hard no. Never agree. You can very credibly argue it is illegal for you to try and keep a non-spouse on your health insurance.

Draw a line. Tell the other side you are going to trial if they fail to drop the request, because you will never agree.

dadplup · 2024-11-05T06:39:11+00:00

I paid for my kid, and the ex had to reimburse me for it, I got custody on the divorce until she turned 18 , she only paid about 3 months of that and cd and still owes about 6k , I'll never get that ik that much, but after the divorce was finalized since the judge didn't order me to pay for her I removed her from my insurance the day I got the decree

apatrol · 2024-11-05T05:21:15+00:00

Insurance via work isn't setup to pay for an ex. In fact it's fraud. She would have to get a plan and then you reimburse her.

waste-plan · 2024-11-05T02:34:05+00:00

No I just pay for my child’s

Throwaway4120213 · 2024-11-05T00:27:44+00:00

Nope and never heard anyone needing to pay for the other’s health insurance after divorce so don’t get run over.

Here’s what happens. After divorce - you both are responsible for your own expenses meaning she’s responsible for her healthcare now.

What she is entitled to is to put down healthcare costs as part of her ‘cost of living’ in arguing for a certain amount of alimony. Since you are retired - she’s out of luck since you can’t squeeze blood from a stone which is why she wants you to pay her health insurance directly because arguing for more alimony out of a retiree is an uphill battle.

lujimerton · 2024-11-04T22:29:03+00:00

In most states you wouldn’t be expected to or legal able to if you wanted. It just isn’t normally an option you could give them if you wanted.

I’ve never heard of a court making a spouse responsible for that, but I’m new to this.

It’s one of those dozens of intangible things that people don’t realize is a thing until it’s late in the game.

It’s also one of those things that makes people think twice before they decide they can’t stand another day with you because of how you accidentally didn’t load a butter knife in the dishwasher once in 2015.

So…. Um no I’m pretty sure it’s not your responsibility legally. That sucks, but you couldn’t change that if you wanted to legally.

(Also by the time your down to arguing about a butter knife from 2015, you are doing both of yourselves a favor by filing)

LoveCrispApples · 2024-11-04T21:04:37+00:00

Divorced now officially 6 days.

I'm in CT, where typically, when the gavel comes down, ex spouses are no longer considered family, therefore are not permitted on my family plan, which I've paid for 15 years.

Her open season through her employer does not begin until 1/1/25. I agreed to carry her until that date. The courts allowed it and thought it was a kind gesture. This put me in a good light with them immediately.

She showed me a printout of her projected weekly premium for self only. YOWZA! More than I pay for me and the kids. Oh well, her problem.

Mister_Vandemar · 2024-11-04T19:33:57+00:00

I’m in Illinois- I can’t keep my ex on my insurance as she no longer qualifies. I asked to keep our child on my insurance as my ex has inconsistent employment.

In my limited experience, it seems that the court considered our respective incomes and the expenses related to caring for our child and then determined support from there.

You should talk to an attorney, but I’d expect that, if you provide the health insurance or otherwise pay for it, that should offset any additional support you might owe.

Expatriated_American · 2024-11-04T18:33:48+00:00

You don’t have to pay. Just say no.

Trip_2 · 2024-11-04T18:07:13+00:00

She doesn't work, I'm retired with a pension and social security. We live in New York.

TXJohn83 · 2024-11-04T17:37:07+00:00

What state? If you don't live in a state with spousal support then it's not am issue, and from what I have heard even in states that award it it's rare to be ordered to pay for the ex's insurance since she can not be on your policy after you are not married.

pk2at · 2024-11-04T17:23:47+00:00

Don't agree to pay, tell her your employer does not offer an option and there is no way to pay marketplace rate

techrmd3 · 2024-11-04T17:18:34+00:00

yeah I think you have a good way to no pay her health insurance if she is employed (she gets her own)
if she is not employed then it's dicey

This is a very court, state, locality type edge case. And unfortunately lawyers are NO help here.

Some men "cheat" the system to keep their exspouse on as a dependent just like children and the Dad pays for the "family", this is a stop gap measure which gets complicated when mom remarries.

If you go this route you save a large chunk of money BUT you are pretty much doing insurance fraud and if the Mom gets very sick with BIG bills you can bet that her not being your wife will be discovered and she gets the claims denied. AND you are liable for the bills... BAD BAD situation

If you pay out of pocket for "Retail" health insurance you are talking at least 1k a month maybe 3k... which is terrible.

Consult with lawyer on this. In my area Judges usually throw out Mom asking Dad for health insurance coverage. (unless Mom is actually under medical care right then).

BUT I have heard in some areas the Judges, Lawyers always stick Dad/exhubs with bill no matter what. (e.g. Mass is bad about this I understand)

Also due to the cost of Retail Insurance skyrocketing, Judges don't realize that no Man with normal income can pay "Retail Health Insurance" for a woman due to OBGYN expenses.

Hopefully your Lawyer can come up with options. Frankly THIS issue is worth it to go all the way to a final Hearing to have a Judge decision on. You bring numbers of how much it would cost you to insure the ex missus. Judge makes the call if it's fair.

ageoffri · 2024-11-04T16:49:53+00:00

Get rid of every possible financial entanglement. If you own property together, either get it transferred to one or the other of you along with being removed from any loans.

This is a hard no. She's need to deal with her own healthcare. Another thing is in the US you will not be able to keep her on your insurance, so it's paying her premiums and everything "out of pocket".

Feisty_Elderberry_96 · 2024-11-04T15:54:31+00:00

Just remember, a divorce is - initially - a negotiation. Now you know she wants everything. So you can ask for more "stuff."

She wants you to cover her health insurance premium? Then you want 100% of the your home's equity or 90% of your retirement funds, etc. You don't know how her health will be 1 month, 1 year or 1 decade from now. What if she gets sick and insurance won't cover a treatment she wants and gets? So maybe you tell her for 1 year you'll cover health insurance but you want more equity from the house - and you'll only pay for the insurance premiums but not for xyz.

She doesn't just get to dictate terms. But she can - and most women will - shoot for the moon. While men will be realistic and propose rationale/equitable solutions.

Ptsdveterannavy · 2024-11-04T15:36:08+00:00

That's wild

RevolutionaryLaw8854 · 2024-11-04T15:20:05+00:00

Why would you have to pay her health insurance?

Title	Who has to pay their spouses health insurance? This is the real dealbreaker for me.
Author	Trip_2
Upvotes	22
Comments	34
Date	November 4, 2024 3:09 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1gjgi9g/who_has_to_pay_their_spouses_health_insurance/
Archive Link	https://theredarchive.com/r/Divorce_Men/who-has-to-pay-their-spouses-health-insurance-this.1534623 https://theredarchive.com/post/1534623

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