If I’m in the middle of a divorce, do I have to keep my spouse on my health insurance plan?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m in the middle of a divorce, do I have to keep my spouse on my health insurance plan?

Divorce not yet final. I carry health insurance for myself, spouse and 2 kids. Open enrollment for my health insurance is this week. We had discussed and finalized proceedings last month, came to an agreement on spousal support, child support, retirement fund and carrying my spouse on my health insurance until the end of this year. I just got a notice that my spouse now wants to go back to court early next year. She is in the middle of a health issue and I know she is prolonging this in order to carry my insurance. Do I have to keep her on my plan for the upcoming year or can I eliminate her since that was the initial agreement?

Asked on December 16, 2012 under Family Law, New York

Answers:

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

Answered 8 years ago | Contributor

Unfortunately with out reading the agreements and the notices you may be stuck not doing anything at this point in time.  But fear not.  Most plans allow you to drop your spouse with in a certain amount of time after the divorce is final with out waiting for the open enrollment period.  I would check with your health plan on the matter.  ANd take your agreement and notice to an attorney to review.  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 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