Health Insurance After Divorce: Rights, Liabilities, and Steps to Take

If your ex-spouse remains on your employer-sponsored health plan post-divorce without authorization, you may face:

Potential Consequences

• Financial Liability: You could be responsible for their medical claims.
• Breach of Divorce Decree: If the agreement assigns them separate coverage, their continued use violates the order.
• Insurance Fraud: Knowingly allowing an ineligible dependent may constitute fraud.

Immediate Actions

1. Contact Your Insurer/HR: Request removal of ex-spouse from your policy effective the divorce date (or per decree). Provide documentation.
2. Consult a Family Law Attorney: Understand your legal obligations and remedies (e.g., contempt motion, indemnification).
3. Document Everything: Keep records of communications, decree provisions, EOBs, and bills.

Laws vary by state. Seek legal counsel familiar with your jurisdiction's family law and insurance regulations.