My wife and I are in the midst of a divorce, and due to a recent injury she is scheduled for surgery.
She is still covered under my insurance, but who is responsible for paying the expenses insurance does not cover?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
Dependent upon the incomes of the parties, the lower-earning spouse may be eligible to receive spousal support during the litigation of the divorce. If there is some type of support order currently in place, that may dictate which spouse is responsible for the unreimbursed medical costs.
States vary in their spousal support laws, though it is very common for the spouse that provided the health insurance during the marriage to be required to continue to provide the health insurance coverage during the litigation of the divorce.
If a support order is in place, it will typically provide that the spouse receiving support is responsible for the first $250 per year for any unreimbursed medical expenses incurred. After that $250.00 threshold is met, the portion over that amount is then usually divided between the spouses, often according to the percentage of their combined incomes.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.