Can I legally remove my spouse from my employer’s health insurance plan?

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Can I legally remove my spouse from my employer’s health insurance plan?

We are separated and she was paying me the difference in premiums($210/mo.)but my company allows me to remove her or make changes to my plan up until the end of this month. Can I remove her without her permission?

Asked on December 27, 2014 under Family Law, South Dakota

Answers:

Bruce Provda / Provda Law Firm

Answered 6 years ago | Contributor

This is one of those situations that is very state specific.  In NY, if you are still married  and have an agreement that she will pay, it is likely that the court will have you keep her on the policy until the divorce is finalized.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have no legal obligation to place your spouse on your health insurance plan unless your state requires it of you have a separation agreement or stipulation of settlement for a divorce that so states.  Your employer may have you have her sign off on that change.  I would be careful. 


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