Dropping a spouse from health insurance

[lfmf]

What is the name of your state? Ohio


I have a friend at work, his wife moved out several months ago, they are still married and he is planning on removing her from his health insurance policy next month. She has no other insurance at this time. Can he legally do this if they are still married? Will he be responsible for any medical debt she has after he drops her since they are still married? Thanks!

 

[cbg]

He can legally drop his wife from the insurance coverage even if they are still married. Whether he can do it next month depends on the insurance plan.

If his insurance coverage is subject to a Section 125 plan (which most, but not all, employer-sponsored plans are) then he cannot drop a dependent any time he feels like it. He can do so ONLY within 30 days after a qualifying event, or during the plan's open enrollment period. This is Federal law.

A divorce is a qualifying event. So whenever the divorce is final, he has 30 days in which to drop her from the coverage. Many plans have a January 1 renewal date which would make the open enrollment period December. If that is the case, then he would be able to drop her next month (although it would not be effective till January 1.) If it is not the case, then he cannot do it until it IS open enrollment for his plan, or the divorce is final, whichever comes first.

BTW, Federal law also requires that when he does drop her from the plan, the insurance carrier must give her the opportunity to continue the insurance at her own expense. So she will not necessarily be left with no coverage. Also, if she is working and her employer offers insurance, the fact that she was dropped from his plan would be a qualifying event so that she would then have 30 days to pick up the insurance from her employer.

 

[lkc15507]

Agree with cgb regarding the insurance. But, should she incur medical expenses while still married, but no coverage, I think one of the attorneys should answer. I figure that would depend on the state law applicable. All I can say is that in my state, I wouldn't want to be him if she has large medical bills while they remain technically married--at least unless he can show a definite division of property prior to the expenses.

Take care
lkc15507

 

[lkc15507]

By the way, that is precisely why is still have my husband from whom I am 3 years separated--but not divorced--on my insurance plan. Gotta protect oneself.