Can my estranged wife drop me from her health insurance if we’re still married?

My wife and I have recently separated. I am on her health insurance plan through the state. Can she drop me from her plan?

Asked on January 13, 2018 under Family Law, New Jersey

Answers:

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

Answered 3 years ago | Contributor

There is no legal requirement that a person continue insurance coverage on their spouse, unless there is a formal separation agreement that provides for this. Also, in a divorce, the court could order continuing coverage until the decree is granted.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, she may do this: there is no law requiring one spouse to cover another spouse through his or her health insurance. If you divorce, the court could order coverage while the divorce is proceeding and possibly order that she contribute money towards your heath insurance after divorce, but if you are just separated, she has the right to change her health coverage.


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