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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.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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