Can an employee voluntarily terminate their spouse’s health insurance coverage without their consent?
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Can an employee voluntarily terminate their spouse’s health insurance coverage without their consent?
My friend was terminated from his wife’s employee health insurance in accordance with the health plan terms but without his knowledge. Is that wrongful termination or does she have the right to make changes to her group coverage without his knowledge?
Asked on November 3, 2010 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Employer-provided health insurance is provided as a benefit to the employee; the employee is free to accept it or not, or to only sign up for partial coverage (rather than family coverage, for example). There is no legal obligation for a spouse to cover his or her spouse under work-provided health insurance. As long as your friend's wife acted in compliance with all plan terms and requirements, this is something she can do.
Your friend should seek out and consult with a divorce attorney, since the termination of health coverage by his spouse is very likely just a symptom or one manifestation of a much larger marital issue which he needs to address.
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