If I am married but separated from my husband, do I have to divorce him in order to get my own health insurance?
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I am currently separated from my husband we have been for 2 years he refused to sign papers for most of that time and I work a minimum wage job and can’t afford to file or pay for court fees or lawyers he’s a soldier in the army and he left and abandoned me over text after his basic training he then told me to move on in which I have and now I am currently pregnant with my boyfriends baby I really need to get on Medicaid so me and my babies covered but i was unsure if they would let me qualify in this situation
I think this may differ by state, but in general you are going to need some sort of proof that you are effectively separated. Legally separated or divorced is the simplest, but since you aren’t living together that may be enough. For example, here is a document on how it would work in Washington state, where not living together would help your case. https://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3926A4E4-F9EF-BD3A-B0C3-B06CBEE67B55/188191SB%20Marital%20Separation%20%20Medicaid%20UPDATED%204-16-08.pdf
I would contact your state Medicaid department and ask them directly though.
Also, it is different for you than the kids. The Children may qualify for CHIP even if you don’t qualify for Medicaid, so ask about that too. https://www.medicaid.gov/state-overviews/index.html
I am recently separated from my husband and need to get health insurance. He quit paying on the ins that we had together.
Your best first step is to contact the marketplace, there are a few factors to deal with here (like the nature in which you lost coverage), but this is exactly the sort of stuff healthcare.gov is there to help walk you through.
If y husband left and I can’t find him to get legally separated. Can I get Obama care?
Yes, you still have options as long as this qualifies as “spousal abandonment.” See here: https://www.healthcare.gov/income-and-household-information/household-size/
With that said, you should call the marketplace, describe your situation, and let them help you to get everything set up correctly.
I am separated from my husband and i have no health insurance, he has medicare, can I still get free health insurance
Yes essentially, the Medicare status of people in your household doesn’t affect your ACA or Medicaid eligibility. Meanwhile, if you are filing taxes separately his income wouldn’t affect your subsidy eligibility. All that said, to get free insurance you need to qualify for Medicaid. So it can make sense to contact your state Medicaid office and/or healthcare.gov for direction.
I was separated from my husband for some time when I filed for health insurance for my children ( filed for CHIP) I put down we were separated. Now we are back together and are going to file taxes should I file separate or jointly ?
I’m fairly certain it is your choice. If you are going to file taxes together, then you file healthcare taxes together. If you file taxes separately, then you file healthcare separately and whoever claims the child is responsible for them and the child’s assistance is based on that person’s income.
If you don’t know for sure which direction to go you can contact healthcare.gov and/or a tax professional for assistance.
What about if I declare myself as the head of household on my tax return and we’re living in separate states?
The general rules for the different situations that can occur are found in the 8962 instructions for alternative calculations for marriage. Not trying to avoid your question, just feel like it is best answered by reading the corresponding part of the documentation (see the following link).
Once you have the document ope, use “command find” and search for “head of household.” The situation is a little too complex for me to try to summarize, especially given the detailed explainer from the IRS.
Start with the section that says:
Married individuals who file separate returns are generally not eligible to take the PTC. However you may be able to take the PTC if you meet either of the following conditions.
– You file a return as single or head of household (see Exception 1—Certain married persons living apart under Married taxpayers, earlier).
– You file a return as married filing separately due to domestic abuse or spousal abandonment (see Exception 2—Victim of domestic abuse or spousal abandonment under Married taxpayers, earlier).
If Exception 1 or Exception 2 applies, follow rules in the next paragraph. If neither exception applies, see Married filing separately (not in Exception 2—Victim of domestic abuse or spousal abandonment), later.
My husband and I live in Texas where legal separation is not a thing however we have been separated for over a year. He gets out of the military in October but plans to carry medical insurance for himself and out 2 kids through his employer how does this effect me trying to get insurance if we a4e still legally married?
This makes thing difficult, I don’t have a perfect answer.
Unless you are the victim of abuse or spousal abandonment, you are supposed to file a joint return to get savings.
Here is documentation on it. I’m not sure the way around this (but I’ll look into and think on it more):
My husband and I are on ohp due to a medical issues of my husbands where he could not longer work. He is now back to work and we are getting separated he has insurance through work, I don’t work, no children will,I still qualify?
Hello, i hope all is well…i have a special question…is a legsl separation equivalent to a devorce when trying to get assistance for the marketplace insurance. My husbsnd actually abandoned me with the house and all living expenses. However: im not in need of insurance but he is. We are not divorced due to religious beliefs. Can he apply for the insurance wirh assistance based on this information.
If this is not a possibility, i think we can file for a legal sepatstion…will this action be equivalent.
Thank you for your time and support.
Good questions, certainly the situation is a little complex, but the general answer is found on form 8962 in the instructions Part IV
See: Exception 1—Certain married persons living apart or Exception 2—Victim of domestic abuse or spousal abandonment. AND Married filing separately (not in Exception 2—Victim of domestic abuse or spousal abandonment).
To answer your question, I think it will be possible, but is going to be a bit of work sitting down with the instructions and making sure you fully understand the right way to go about the allocation. If you have the resources you might consider getting some professional tax assistance.
My children’s father and I were never married and are no longer together. I qualify for food stamps and they automatically enrolled my children in the Oregon Health plan. Their fathers income is too high to qualify for assistance. I did not include his income as part of our household. Are my kids legitimately covered or should they be disqualified?
Eligibility for medical benefits and assistance depends on the which tax family that the child/children are depend of. If you are claiming the children on your tax return, then their CHIP, Medicaid, or costs assistance (if on the marketplace) are based on your income.
I’m also legally separated from my husband and he has no job and I live with my college aged daughter whom I have to pay for everything. It’s pretty pathetic that those who devised this stupid legislation decided people must be divorced in order to get their own insurance get a subsidy. As it stands I can’t afford it.It would cost me an extra 650. a month that I don’t have. I can’t file for divorce until later this year and then it’s too late and frankly wasn’t planning to because of the cost. Whatever. So long as those who made the law their free care who cares, right? Losers. I’m not going to enroll. They penalize me all they want. I’m not paying into a system that is fundamentally flawed in so many ways.
This is a big challenge for noncustodial parents who provide health insurance for their children. There is one way in which the tax credits for dependents can be divided, but it requires the cooperation of the custodial parent and it isn’t always the best tax arrangement for every family. Here is more information about how to split dependent tax credits for federal taxes: https://obamacarefacts.com/questions/child-enrollment-for-non-custodial-parent-obamacare-rules/
If I am separated from my husband am I still able to be covered by his health insurance?
There is no way for us to know that. If your husband or you haven’t cancelled your coverage than you are still enrolled. If you are legally separated, you can apply for insurance on your own and may find it more cost effective if you qualify for cost assistance.
I was abandoned a year ago. I am still Married but am filing for divorce. Does this mean I cant apply now? It will take some time to find him to have him served. I don’t want to falsify my Application.
If you have made a reasonable attempt to find your soon to be ex-spouse but are unable to, you’ve been deserted with regards to the ACA and marketplace insurance. You will simply check unmarried when applying on the marketplace. This is also true when you go to file your taxes (See Question 10 here). You can find more information out about how to file for this exception for Premium Tax Credits in the instructions for form 8962. You may also be eligible to file separately as Head of Household (see “Considered Unmarried” in IRS Pub 504) and you may also be eligible for Innocent Spousal Relief for any taxes owed due to your spouse or claim additional tax credits that you were denied because of your spouse on a previous tax return. For more information about that check IRS information here and here.
I am in the process of getting a divorce I was abandoned and this will take time to have him served as he is out of state . Do not want to falsify application. should I just leave him off the application?
I have been married for 15 years, we have never lived together, shared expenses, or filed jointly. He is a disabled vet who does not have an income and doesn’t file taxes at this time. I have been filing married but separated according to the tax law. We do not have a marital relationship, and haven’t had one for many years. I have not seen him in years and can only contact him by text or facebook. I have a previous known address but he is always traveling and currently he is in Iceland, then Europe then who knows. I’ve never been able to I want to obtain health insurance but they stated that I have to file jointly or claim abandonment. I never saw it as “abandonment” but given the circumstances would it be considered that by the healthcare law.
What happens in a situation in which a husband and wife are in the midst of divorce but are not yet divorced. They had “family” ObamaCare for 2016, and filed for divorce in July of 2016. What should they do for 2017? They will be divorced sometime in 2017.
If you aren’t living together during 2017 at any point and will likely have finalized the divorce before the end of 2017, it would be wise to get insurance that reflects the expectations for the year. There are a number of options, but without taking extra steps the custodial parent for tax purposes is the parent whom the child lives with the majority of the year. The other parent is considered the non-custodial parent. Premium Tax Credits for dependents are only eligible to the parent that files for the dependents exemption. Usually this is the custodial parent. However, there are a number of tax advantages to some parenting situations where parents do not live together either because of separation, divorce, or never being married. A custodial parent can wave their right to claim the dependent exemption and the child tax credit (must be both) to the non-custodial parent and this allows the non-custodial parent to qualify for the dependent’s cost assistance for Marketplace insurance. In this arrangement only the custodial parent can claim Earned Income Tax Credits, Dependent Care Credits, and file as head of household. Here is a little more information about form 8332, but the husband and wife should discuss with an accountant which tax situation is most beneficial for the parents and the children and have form 8332 signed as part of the divorce if that is the best situation.
I am still legally married but am physically separated from my spouse due to habitual drinking. I work 20 hours per week with no benefits. We were on Medicaid, however we missed the renewal deadline. I did reapply for Medicaid, but I think we might be slightly over the income limits for Medicaid. I did some research and checked the Marketplace and I cannot afford insurance on my own. I currently take medications for hypertension and need insurance. What can I do?
my husband and i are separated. he retired early to get me off his insurance. the whole marriage was based on his lies. does he have to pay for my insurance even though hes retired.
so my husband and I are legally separated because of vulnerable adult abuse – I did not file charges but the state was notified and has been in to check on me several times – we have lived separately since 9/5/16 and will most probably divorce after the one year time period. I am moving to my own apt and out of his house – am 59 yrs old and get $1810 per month in disability benefits. My medicare A and B start on 12/1 – what options for help do I have?
I am separated from spouse but never worked durning our marriage of 3 yrs I hurt myself before we met .we got married an she put me on her ins .now we are separated.I am waiting for ssi till that time does she have to keep me covered for ins .we are not divorce yet or filed
This is WRONG. If there is a LEGAL order of separation, the adults can file separately and not be treated as married. See IRS PUB 5187.
My husband and I are married but I am not a us citizen I have no SSN he’s been trying to sign up for market place for over a week woth our daughter he loses mediciad in just a few days and its not working he files head of household because he treats me as a non resident alien