If I’m separated from my spouse, can I legally drop her from my health insurance?

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If I’m separated from my spouse, can I legally drop her from my health insurance?

We are not legally separated. My plan is up for renewal.

Asked on October 28, 2012 under Family Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

You are not legally obligated to have your spouse on your health insurance.  However, you can still be held liable for her treatment under the law of necessities in many states.  So I would double check if your state has such a provision before you do anything.  I also agree that notice is important to your spouse.  This could come back to haunt your in the divorce proceedings.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country there is nothing prohibiting you from dropping your spouse from your health insurance plan without advance warning. However, to do so is not recommended on moral and legal grounds in that if you do so and she has a situation where she has a health issue and ends up running up a large medical bill with no insurance, you in the end could be held responsible for such.

I would advise her in writing and verbally of your intent if that is what you truly wish to do.


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