Can I legally remove my spouse from my employer’s health insurance plan?
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Can I legally remove my spouse from my employer’s health insurance plan?
We are separated and she was paying me the difference in premiums($210/mo.)but my company allows me to remove her or make changes to my plan up until the end of this month. Can I remove her without her permission?
Asked on December 27, 2014 under Family Law, South Dakota
Answers:
Bruce Provda / Provda Law Firm
Answered 9 years ago | Contributor
This is one of those situations that is very state specific. In NY, if you are still married and have an agreement that she will pay, it is likely that the court will have you keep her on the policy until the divorce is finalized.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You have no legal obligation to place your spouse on your health insurance plan unless your state requires it of you have a separation agreement or stipulation of settlement for a divorce that so states. Your employer may have you have her sign off on that change. I would be careful.
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