Hi. I’m 39 (F), married to a 37-year-old man (M). He hasn’t worked in 7 months, and we’re planning to separate. I’m thinking about removing him from my insurance to save on costs, but I’m concerned. If he gets hurt and racks up medical debt, and he has Medicaid, will I be responsible? We’re living separately now.
My ex-father-in-law made a big mistake when he removed his ex-wife from his health insurance. The judge told him to pay for her medical costs out of pocket, which ruined him financially. I wouldn’t recommend removing him from your insurance while still married. It could cause problems.
I’m not a lawyer, but if he’s qualified for Medicaid, 1) he shouldn’t be on your insurance and 2) Medicaid covers all medical costs.
I don’t know the laws in Illinois, but in California, legal separation and divorce require almost the same process. The difference is the paperwork. If you’re not doing any legal separation papers yet, you’re still considered married, and you may be held accountable for his debts. You should file separation papers if you want to avoid that. Until it’s finalized, the court could order you to continue health coverage.
How did he get Medicaid if he’s still on your insurance? You can’t remove him from your insurance until your divorce is finalized with a judge’s signature. He likely told them he had no insurance, but that needs to be corrected.
@Davin
He might be using your insurance as primary and Medicaid as secondary. I do this myself – my wife’s insurance is primary, and Medicaid covers the rest.
If you’re in the US, you can’t just take him off your insurance because you’re separated. You can only do that after the divorce is final. Also, any medical debt from the time you were married is considered marital debt.
If the debt occurred while married, it’s marital debt. Both of you are responsible for it. If the debt happens after the divorce is filed, it’s separate.
If he has Medicaid, why would there be medical debt? It should cover everything.
How is he supporting himself if he’s not working?
Ashlyn said:
How is he supporting himself if he’s not working?
He’s on unemployment, and I pay most of the bills.
You can’t remove him from your insurance while a divorce is pending.
LillyGrace said:
You can’t remove him from your insurance while a divorce is pending.
We haven’t filed for divorce yet, but we’re living separately and decided to move forward with it.
@Ezra
Without a life event like divorce, you can’t change his insurance coverage. Being separated isn’t enough.
LillyGrace said:
@Ezra
Without a life event like divorce, you can’t change his insurance coverage. Being separated isn’t enough.
You can’t usually drop someone from your insurance without proof of a life event. Have you asked your employer if this is possible?
@Uriella
My ex-husband had to add his ex to his insurance at the end of their separation. She didn’t even use it because she had another plan, and it was just a waste of money for him.
LillyGrace said:
@Ezra
Without a life event like divorce, you can’t change his insurance coverage. Being separated isn’t enough.
He’s already on food stamps, so he has Medicaid automatically.
@Ezra
If you’re married, you’re both receiving food stamps, not just him. Unless he lied on the paperwork.
Amanda said:
@Ezra
If you’re married, you’re both receiving food stamps, not just him. Unless he lied on the paperwork.
If you live separately, he can receive food stamps without lying.
The rules depend on your separation agreement. You may need court approval to remove him from your insurance before the divorce is finalized. If Medicaid was secondary to your insurance, they might also have an issue with it. You should talk to a lawyer or make sure it’s written in the separation papers.