Can my husband legally remove me off his health insurance plan if we aren’t legally separated or divorced?

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Can my husband legally remove me off his health insurance plan if we aren’t legally separated or divorced?

My husband carries us on his health insurance and I just got a notice in the mail saying I was removed

from his employer provided health insurance plan about 10 days ago due to divorce/separation. I want to know how is this legal?

Asked on June 1, 2019 under Family Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no obligation to keep a spouse on a health or medical insurance plan--the law does not require spousal, couples, or family coverage. He could legally drop you at "open enrollment" time, when he elects what coverage to have, just as he could legally decide to not have any coverage at all.
But he can't drop you during the middle of the policy year, before open enrollment, based on divorce or separation if you are not in fact divorced or separate. Call the insurer right away and explain that you are NOT divorced or separated and that he lied or misrepresented your marital status and demand to be reinstated. They may require a written affidavit or certification from you; or they may require you to bring a legal action and get a court order for reinstatement; or they may elect to drop your husband's coverage, too, for having lied to them and committed fraud. There is no way to predict in advance what they will want or the effect, but clearly, if you do nothing, you remain uncovered, so you should act. Alternatively, you could certainly discuss this with your husband first, to find out what he did and why--but if he did lie to the insurer to remove you, you should contact the insurer, as you have nothing to lose. And you should speak to a family or divorce law attorney about a possible legal separation or divorce.


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