Can I legally remove my wife off group health insurance?

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Can I legally remove my wife off group health insurance?

We are separated, however there is no separation agreement and no property settlement as she refuses to agree to anything and is non-compliant even with her own legal representation. We only have a separation date. This coming November will be 1yr of separation. She contributes zero money towards household bills (mortgageS), our son, our son’s medical bills, co-pays, school activity fees, absolutely nothing. I have asked my legal counsel if I could and so I did. Her attorney was notified remarking “so be it”. However, the ex is screaming “its illegal”.

Asked on June 29, 2012 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

If your lawyer told you that you could do so then rely on that.  Generally speaking, you are not legally obligated to cover your spouse for health insurance - although some would say that it falls under necessities under the law in most states  anmd thus be liable for health costs which could be much more - so I would proceed cautiously. ANd you need to discuss with your lawyer moving things forward and obligating her to pay for her fair share.  Good luck.


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