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

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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

Answers:

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

Answered 9 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.


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