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Spousal Insurance during course of separation

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What is the name of your state? MO

Can I keep my spouse on my health insurance at work, if we a re separated? This may be a little unusual, after a pretty long marriage (34 years) our younger (and last son) is getting ready to graduate from college. I have drifted away from my wife. No tawdry affair or anything. No abuse, no financial troubles, not really any in-law problems, but we need to live apart. I was wondering about about a legal separation, but I do not want my wife to lose my health insurance. She has always worked part-time and still is on a part-time basis, so she could not really afford insurance. I will certainly give her the house worth about $250,000 with about $40,000 note and all savings outside my 401K @ work. She can have my independent (non-work) 401. I would like to move out and live alone, but I do not want to jeopardize her in any way financially or in terms of my benefits.
An advice will be appreciated.

Thanks!
 


mistoffolees

Senior Member
What is the name of your state? MO

Can I keep my spouse on my health insurance at work, if we a re separated? This may be a little unusual, after a pretty long marriage (34 years) our younger (and last son) is getting ready to graduate from college. I have drifted away from my wife. No tawdry affair or anything. No abuse, no financial troubles, not really any in-law problems, but we need to live apart. I was wondering about about a legal separation, but I do not want my wife to lose my health insurance. She has always worked part-time and still is on a part-time basis, so she could not really afford insurance. I will certainly give her the house worth about $250,000 with about $40,000 note and all savings outside my 401K @ work. She can have my independent (non-work) 401. I would like to move out and live alone, but I do not want to jeopardize her in any way financially or in terms of my benefits.
An advice will be appreciated.

Thanks!
Be careful here. Even if you can arrange in your divorce settlement to include her on your insurance, if she has a major claim, the insurance company may decide not to pay it if you're no longer married. Have your divorce attorney look over your insurance policy.

My ex-inlaws stayed married even though they had been separated for over 40 years simply to keep the father (permanently disabled) on the mother's insurance. For whatever reason, they did not feel that a divorce would have allowed her to carry him on her insurance. I don't know enough about their details (or yours) to say how much of that applies to you.
 
Thanks!

I appreciate the advice. I don't know that she will eventually want a divorce, but I tihnk she is more concerned with the insurance. We are not kids 55 & 56.

Thanks again!
 

LdiJ

Senior Member
I appreciate the advice. I don't know that she will eventually want a divorce, but I tihnk she is more concerned with the insurance. We are not kids 55 & 56.

Thanks again!
As long as you are separated, and not divorced, you can keep her on your insurance and it will not be a problem. Its only if you get a divorce that it becomes a problem.

34 years is a long time to be together. Are you really sure that this is what you want?
 

mistoffolees

Senior Member
As long as you are separated, and not divorced, you can keep her on your insurance and it will not be a problem. Its only if you get a divorce that it becomes a problem.

34 years is a long time to be together. Are you really sure that this is what you want?
It sure is an interesting situation. They're comfortable working together after 'drifting apart' and will probably have to stay married for insurance reasons, even if they separate. He's willing to give up significant financial assets for her benefit without even questioning how much she's entitled to. There's nothing in his post that leads me to think that either of them is looking elsewhere at this point.

Your question certainly gets to the heart of the matter.
 

Ohiogal

Queen Bee
Be careful here. Even if you can arrange in your divorce settlement to include her on your insurance, if she has a major claim, the insurance company may decide not to pay it if you're no longer married. Have your divorce attorney look over your insurance policy.

My ex-inlaws stayed married even though they had been separated for over 40 years simply to keep the father (permanently disabled) on the mother's insurance. For whatever reason, they did not feel that a divorce would have allowed her to carry him on her insurance. I don't know enough about their details (or yours) to say how much of that applies to you.
He said SEPARATED not DIVORCED. Big difference. Insurance will cover spouses and cannot just unilaterally decide not to cover his spouse.
 
Thanks all for the helpful advice

Thanks so much the suggestions and advice. I do need to talk to family law guy, and I will probably ask the gentleman who prepared our trust for a referral. I would not want to put him in a position that could even be perceived as a conflict of interest.
 

mistoffolees

Senior Member
Thanks so much the suggestions and advice. I do need to talk to family law guy, and I will probably ask the gentleman who prepared our trust for a referral. I would not want to put him in a position that could even be perceived as a conflict of interest.
My earlier response seems to have been deleted, but it's important. Many insurers are now canceling insurance for the spouse in the case of legal separation. So if you go through legal separation, she may lose her insurance, anyway. Have your lawyer check your insurance policy.
 

mistoffolees

Senior Member
He said SEPARATED not DIVORCED. Big difference. Insurance will cover spouses and cannot just unilaterally decide not to cover his spouse.
Since my earlier post has been deleted, I want to point out that this is not universally true. Insurers can, and sometimes do, cancel insurance for spouses when they go through a legal separation.
 
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