2007-09-12 13:21:28 · 15 answers · asked by Patti Q 2 in Business & Finance ➔ Insurance
You need to read the plan document, the section where it says eligiblity. Most plans will not allow the employee to provide health insurance benefits unless ordered by a court order if they have filed for a legal separation or divorce. The spouse has the right to drop the insurance, the former spouse will be sent out COBRA paperwork to elect and pay for coverage for themselves for 18 months.
2007-09-12 13:27:16 · answer #1 · answered by hr4me 7 · 1⤊ 0⤋
Yes they can.
In fact, depending upon the rules of the plan, they could be *required* to do so. I've done dependent audits where the plan guidelines specifically exclude legally separated spouses.
In those cases, the dependent spouse was kicked off the plan. However, it wasn't because the employed spouse tried to boot the soon-to-be-ex off the plan. The legally separated status just turned up during the audit, so the employer gave the separated spouse the boot off the plan.
(Many, if not most, employer plans will allow you to remain on until a divorce is finalized. But, you should find out what your specific plan's eligibility requirements are.)
2007-09-12 18:26:58 · answer #2 · answered by sarah314 6 · 0⤊ 0⤋
Hmmm. I believe the spouse has to wait for the divorce before finalizing or removing the spouse.
2007-09-12 13:25:15 · answer #3 · answered by kys 4 · 0⤊ 0⤋
Yes, unless there is a court order in place that specifically states the insured cannot do so - or unless the law in your particular state prevents it, but I doubt that. There are legitimate reasons one might remove the spouse even if not separated - like the spouse getting their own insurance through a new job, so there shouldn't be any law preventing it.
2007-09-12 13:32:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on if seperation qualifies as a life event. That means, it's going to vary by state, and by the group employment plan.
MOST states, you have to have an actual divorce, or legal seperation agreement approved by the court. Just moving out doesn't cut it.
2007-09-12 14:52:19 · answer #5 · answered by Anonymous 7 · 0⤊ 0⤋
yes! when the divorce comes the judge could make it that insurance will be provided for the other spouse for a certain amount of time. cut all ties!
2007-09-12 13:25:30 · answer #6 · answered by nfgatcer 2 · 0⤊ 1⤋
Even if married you are not required to provide medical insurance to your spouse. However, if you are not LEGALLY separated you could be liable for medical bills.
2007-09-12 13:30:15 · answer #7 · answered by Info_Please 4 · 0⤊ 0⤋
Yes. At most places, you can have a employee only plan, an employee + spouse plan, or an employee+spouse+kids plan.
I don't know if your spouse can drop you now or maybe have to wait until the next enrollment period to do it. Usually there has to be a qualifing event to change your insurance, such as a new baby, divorce, etc. to change your plan before the next enrollment period.
2007-09-12 13:29:24 · answer #8 · answered by Anonymous · 0⤊ 0⤋
During re-enrollment. Otherwise, it would have to be a "life changing" event like a divorce to get them removed. Talk to HR and find out when you will be eligible to remove the person.
2007-09-12 13:27:34 · answer #9 · answered by the_dragyness 6 · 0⤊ 0⤋
Look for your local legal aid office. These services are free
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2016-04-14 11:21:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋