If your husband is in jail and your divorce has been filed, then whether or not you have to cover him on your new job health insurance plan will depend. Some insurance companies consider a legal separation the same as an actual divorce. However, if you are not required to provide health insurance per a legal agreement, then you will not have to cover your husband. It is best to check with your attorney to find out what you legal rights are. In most instances, you don't have to cover your husband if that is not part of your divorce agreement. It is always best to follow legal advice in this matter so that you can ensure that you are doing what you are supposed to do in your divorce. Keep in mind though that your husband could always ask his lawyer to petition the court asking that you provide health insurance for him anytime before your divorce is final.