Can a medical insurance company remove a spouse from a current employee’s policy if theyno longer live together?

Asked on September 7, 2011 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, living together has no bearing on the issue. The law, especially contract law (and that's what an insurance policy is: a contract), and insurers do not care about spouses domestic relationships, including who is living where or with whom. All that is important is the marital status. If the two are still married, then the spouse cannot be removed from the policy during a policy year, though it may be possible to change to a policy not covering the spouse during open enrollment--this can be discussed with the insurer. If the spouses actually divorced (or annulled), that would be a change in status sufficient to alllow mid-policy removal of the now-ex spouse.

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