Ohio Rev. Code » Chapter 3105
Ohio Revised Code

Ohio Rev. Code § 3105.71 (2026)

Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility

✓ current as of May 2026
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Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
PDF:
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(A) If a party to an action for divorce, annulment, dissolution of marriage, or legal separation was the named insured or subscriber under, or the policyholder, certificate holder, or contract holder of, a policy, contract, or plan of health insurance that provided health insurance coverage for that party's spouse and dependents immediately prior to the filing of the action, that party shall not cancel or otherwise terminate or cause the termination of such coverage for which the spouse and dependents would otherwise be eligible until the court determines that the party is no longer responsible for providing such health insurance coverage for that party's spouse and dependents.

(B) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section fails to provide that coverage in accordance with that division, the court shall issue an order that includes all of the following:

(1) A requirement that the party make payment to that party's spouse in the amount of any premium that party failed to pay or contribution that party failed to make that resulted in that party's failure to provide health insurance coverage in compliance with division (A) of this section;

(2) A requirement that the party make payment to that party's spouse for reimbursement of any hospital, surgical, and medical expenses incurred as a result of that party's failure to comply with division (A) of this section;

(3) A requirement that, if the party fails to comply with divisions (B)(1) and (2) of this section, the employer of the party deduct from the party's earnings an amount necessary to make any payments required under divisions (B)(1) and (2) of this section.

(C) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section cancels or otherwise terminates or causes the termination of such coverage for which the spouse and dependents would otherwise be eligible, the spouse may apply to the insurer, health insuring corporation, or other third-party payer that provided the coverage for a policy or contract of health insurance. The spouse and dependents shall have the same rights and be subject to the same limitations as a person applying for or covered under a converted or separate policy under section 3923.32 of the Revised Code upon the divorce, annulment, dissolution of marriage, or the legal separation of the spouse from the named insured.
Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2012–2026 · leading case: Salpietro v. Salpietro, 2023 Ohio 169 (Ohio Ct. App. 2023).
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Salpietro v. Salpietro, 2023 Ohio 169 (Ohio Ct. App. 2023). “{¶ 46} Although a person who carries health insurance that covers their spouse is prohibited from terminating the spouse’s health insurance coverage while a divorce is pending, R.C. 3105.71(A), nothing in the statute requires the person to maintain the spouse’s coverage after…”
Bryan v. Bryan, 2012 Ohio 3691 (Ohio Ct. App. 2012). “The trial court erred by using a date six years prior to the parties’ marriage to determine the “duration of the marriage” and the parties’ respective property rights, thereby defeating appellant’s valid separate property claim under R.C. 3105.71. II. The trial court erred by…”
Nobles v. Nobles, 2024 Ohio 2750 (Ohio Ct. App. 2024). · cites it 2× “THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT FAILED TO FOLLOW O.R.C. 3105.71(A)(6)(a)(vi) IN AWARDING APPELLANT’S PERSONAL INJURY SETTLEMENT AS NON-MARITAL PROPERTY.”
Sargsyan v. Martirosyan, 2021 Ohio 4576 (Ohio Ct. App. 2021). “The trial court erred as a matter of law and abused its discretion in failing to establish a de facto termination date of marriage of November 1, 2008 for purposes of R.C. 3105.71. [III]. The trial court erred as a matter of law, abused its discretion and found contrary to the…”
Porter v. Porter, 2023 Ohio 403 (Ohio Ct. App. 2023). “The magistrate also determined that Terry had allowed the health insurance for Debra to lapse prior to filing his complaint for divorce in violation of R.C. 3105.71. Doc. 49 at 13. As a result, the trial court ordered Terry to pay one-half of Debra’s medical bills after May 11,…”
Taylor v. Taylor, 2026 Ohio 2168 (Ohio Ct. App. 2026). “{¶39} R.C. 3105.71(A)(3)(a) provides that marital property includes property currently owned and all interest acquired by either or both spouses during the marriage.”
— Ohio Rev. Code § 3105.71(A) — 1 case
Salpietro v. Salpietro, 2023 Ohio 169 (Ohio Ct. App. 2023). “{¶ 46} Although a person who carries health insurance that covers their spouse is prohibited from terminating the spouse’s health insurance coverage while a divorce is pending, R.C. 3105.71(A), nothing in the statute requires the person to maintain the spouse’s coverage after…”
— Ohio Rev. Code § 3105.71(A)(3)(a) — 1 case
Taylor v. Taylor, 2026 Ohio 2168 (Ohio Ct. App. 2026). “{¶39} R.C. 3105.71(A)(3)(a) provides that marital property includes property currently owned and all interest acquired by either or both spouses during the marriage.”
— Ohio Rev. Code § 3105.71(A)(6)(a)(vi) — 1 case
Nobles v. Nobles, 2024 Ohio 2750 (Ohio Ct. App. 2024). “THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT FAILED TO FOLLOW O.R.C. 3105.71(A)(6)(a)(vi) IN AWARDING APPELLANT’S PERSONAL INJURY SETTLEMENT AS NON-MARITAL PROPERTY.”
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