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When married, each spouse also has the ability to make decisions about the other spouse's health care if the spouse is incapacitated, although a Living Will is still recommended so that each spouse is clear about the other spouse's wishes if they were to become incapacitated.  

If you're getting divorced or you've been widowed, it's doubly important to create a Living Will or Durable Power of Attorney to communicate your preferences for medical care and to appoint someone trusted to make these decisions for you if you were to become incapacitated.

Another vitally important consideration when facing a marital status change is a possible change in eligibility for the other spouse's employer sponsored health insurance. If you're getting divorced, your coverage from your ex-spouse's employer provided health insurance might end, so it's important to talk to your health insurance provider in advance so you're not left unprotected.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.


Written and Reviewed by Experts
Written and Reviewed by Experts
This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

About this page:

  • This article was written and reviewed by Rocket Lawyer editorial staff
  • This article was last reviewed or updated on Sep 23, 2022

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