Can my wife remove me from her employer provided health insurance?

My wife and I have recently separated. We have not sought legal counsel or filed for separation or divorce. Her employer’s open enrollment for insurance is going on currently and I was told that she was removing me from the insurance. She did not have this insurance before we were married.

Asked on November 10, 2011 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, she can legally do this. There is no law requiring a spouse to put his or her spouse on company-provided health insurance--indeed, there is no law requiring a person to have health insurance him- or herself.  (Even the recent health care reform act doesn't actually require insurance--people could choose to pay a penalty rather than pay for insurance once the act is fully in force.) While she could not remove you in the middle of the policy year, she may change her coverage during open enrollment.

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