Separated 2 years from husband due to threatened to be stabbed and killed with knife married 32 yrs. Medical benefits?

Question

He neglected his business he was running, the IRS and State of NJ are looking for him for his businesses back taxes, the house we lived in, the mortgage was in his name only, my name on the deed with his, he let the house foreclose. Since I left I've been filing my own tax returns, married filing separately. He also ignored about 38K of debt which I paid some and took out a 401k loan for the rest. He ignored his diabetes and was hospitalized 2x last year, he also moved to Oklahoma last year with his sister and family. He continued to ignore his health and went on SSI Disability. I had him on my work health insurance since 2016 with the promise he pay his share, and he never did. I told him 6 months ago to find his own health insurance, I did not put him on my 2019 health insurance through my work. I have not sought a divorce because I don't want to give him half my 401k which isn't much. Do I legally need to keep him on my health insurance? I live in NJ he moved to Oklahoma Thank you!

Leonard R. Boyer · Answer

You need to retain an experienced matrimonial attorney and file for divorce. Once the divorce is over, you will no longer be obligated to have him on your health insurance. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule:  a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Bari Weinberger · Answer

Thank you for your question. I am sorry to hear that you are going through such a stressful situation and hope this information is helpful to you. 
  
Given what you described about your health insurance situation, you may not want to remove your husband from your health insurance plan prior to a final divorce settlement. There are two key reasons why: 1. The Judge could order you to reinstate him which may be very difficult due to his health issues. 2. It is possible that you could also be ordered to pay any of his uncovered medical bills due to the lack of coverage — this could add up to much more than continuing to pay monthly premiums.  
 
New Jersey is an equitable distribution state, and assets such as 401Ks are subject to asset division. Be aware that he is technically entitled to a share (often a 50% share) of whatever accrued in the account between the date of the marriage and the date on which the Divorce Complaint was filed. If you are still contributing to the 401K, he may continue to share in the contributions since you have not yet filed for divorce. His ability to share in the 401K is only terminated upon your divorce filing date. As a compromise, since he promised to contribute towards this health insurance, you could argue to the Judge that he should receive less of your 401K as reimbursement.  
  
Should you decide to file for divorce, as a resident of New Jersey, you will be able to file in New Jersey. As a  beneficial next step, consider scheduling a consultation with a family law attorney to get more information about your rights and options for safeguarding your future.  
  
Please take care and let me know if you have any further questions.  
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Q: Separated 2 years from husband due to threatened to be stabbed and killed with knife married 32 yrs. Medical benefits?