If I’m in the middle of a divorce, do I have to keep my spouse on my health insurance plan?
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If I’m in the middle of a divorce, do I have to keep my spouse on my health insurance plan?
Divorce not yet final. I carry health insurance for myself, spouse and 2 kids. Open enrollment for my health insurance is this week. We had discussed and finalized proceedings last month, came to an agreement on spousal support, child support, retirement fund and carrying my spouse on my health insurance until the end of this year. I just got a notice that my spouse now wants to go back to court early next year. She is in the middle of a health issue and I know she is prolonging this in order to carry my insurance. Do I have to keep her on my plan for the upcoming year or can I eliminate her since that was the initial agreement?
Asked on December 16, 2012 under Family Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately with out reading the agreements and the notices you may be stuck not doing anything at this point in time. But fear not. Most plans allow you to drop your spouse with in a certain amount of time after the divorce is final with out waiting for the open enrollment period. I would check with your health plan on the matter. ANd take your agreement and notice to an attorney to review. Good luck.
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