Am I obligated by law to keep my estranged husband on my employee health insurance?

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Am I obligated by law to keep my estranged husband on my employee health insurance?

Asked on May 29, 2015 under Family Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends. Is there a divorce action pending or a court order regarding your separatrion that addresses this? If so, then you cannot drop your husband from your employer provided health insurance. Also, state law may require you to keep him on; it varies from jurisdiction-to-jurisdiction. That having been said, absent any of the foregoing, the general rule is that one spouses is not legally prevented from removing a "dependent" spouse from their health plan. However, COBRA coverage must be made available to the dependent spouse effective on the date of the divorce or legal separation. To be certain of your rights, you should consult directly with a divorce attorney in your area.


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