Photo of the legal professionals at Harry Lewis Co., LPA
Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area
For More Than 40 Years

Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area For More Than 40 Years

Can my spouse cancel my health insurance during a divorce?

On Behalf of | May 16, 2023 | Divorce |

If your divorce is getting contentious, you may worry about your spouse retaliating against you by canceling your health coverage.

Ohio law clearly outlines this situation and the consequences that may arise from prematurely canceling a spouse’s health insurance.

Can my spouse cancel my health insurance during a divorce?

Your spouse cannot legally cancel your health coverage until the court determines they are no longer responsible for providing it. They also may not allow the policy to terminate automatically by failing to pay for it.

What are the consequences of canceling health coverage before a divorce is final?

Your former partner may not want to pay for your health coverage amidst a divorce, but this decision may cost them more money in the long run. Ohio code defines the consequences of terminating a spouse’s health coverage before a divorce is final. Your spouse may:

  • Owe you the premiums they failed to pay the insurance company for your coverage
  • Have to pay you for medical expenses that arose between terminating coverage and the divorce finalization
  • Have their wages garnished to cover the above payment obligations

In addition, canceling your health insurance in the middle of a divorce may make your soon-to-be-ex look bad to the court handling your case.

Your spouse cannot legally cancel your health insurance until after the divorce is final. Keep a watchful eye on your policy to ensure you still have coverage, and seek help if you believe your spouse cancels your health plan without your knowledge.