Can I remove my spouse from my medical insurance plan before any paperwork is filed for divorce?

UPDATED: Apr 6, 2012

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Can I remove my spouse from my medical insurance plan before any paperwork is filed for divorce?

We are still married but she moved out of state. Neither one of us have filed any papers for a divorce but I want to remove her from my insurance. If she uses my insurance and does not pay the copayments than I am stuck with the bills. I am looking to protect myself.

Asked on April 6, 2012 under Family Law, Colorado


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

Answered 10 years ago | Contributor

Generally speaking, you are not obligated to pay for your spouse's health insurance under the law.  But also generally speaking you can only add or remove a party during specific time frames (open enrollment periods they are called in some states) or for a "qualifying event" such as marriage or birth of a child.  I would also think about this looking spiteful to a judge in a divorce proceeding.  Seek legal consultation.  Good luck.

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 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.

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