Is health insurance required during a divorce in Wisconsin?
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Is health insurance required during a divorce in Wisconsin?
My friend’s husband has filed for divorce. He has insurance on himself through
work, but she has never been covered. Now, his attorney says the court requires
her to have insurance until the divorce is final. He wants to add her to his
insurance, and her to pay for it until the divorce is done. He makes 100,000 a
year, while she only makes 24,000. Can they make her do this?????
Asked on June 3, 2019 under Family Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, a court has the power to order a spouse to provide insurance for, pay bills for, or provide support for, his/her spouse during the divorce process. Generally, this ordered to maintain the "status quo" during the divorce; it is actually somewhat unusual for a court to order something to be done that was not previously done (i.e. to provide coverage when there had been no coverage pre-divorce), since the purpose it prevent changes negatively impacting a spouse, not to give him or her benefits he or she had not previously received. Still, while unusual, it is legal. Your friend's attorney can oppose this--can try to convince the court that since the spouse had never been covered, it is inappropriate to order coverage now and give her something she did not have during the marriage. The opposition may not be successful--the court could still order it--but there is a right to oppose.
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