Can an employee voluntarily terminate their spouse’s health insurance coverage without their consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employee voluntarily terminate their spouse’s health insurance coverage without their consent?

My friend was terminated from his wife’s employee health insurance in accordance with the health plan terms but without his knowledge. Is that wrongful termination or does she have the right to make changes to her group coverage without his knowledge?

Asked on November 3, 2010 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Employer-provided health insurance is provided as a benefit to the employee; the employee is free to accept it or not, or to only sign up for partial coverage (rather than family coverage, for example). There is no legal obligation for a spouse to cover his or her spouse under work-provided health insurance. As long as your friend's wife acted in compliance with all plan terms and requirements, this is something she can do.

Your friend should seek out and consult with a divorce attorney, since the termination of health coverage by his spouse is very likely just a symptom or one manifestation of a much larger marital issue which he needs to address.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption