What to do if my place of employment is telling me that was illegal for me to take my husband off my insurance?

UPDATED: Feb 6, 2014

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What to do if my place of employment is telling me that was illegal for me to take my husband off my insurance?

We are only seperated and he has no other insurance. We are talking about getting back together, so I asked about adding him back. He had a job lined up that he would have been able to get his own and the job fell through. He now works for a privatly owned business that only has 3 employees, including him.

Asked on February 6, 2014 under Insurance Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Removing your spouse from your health insurance plan depends on the type of plan, the open enrollment period and the reason for removal. Month-to-month individual family plans will allow for removal of dependents, including your spouse, at any time. However, if your insurance is through your employer, you can remove your spouse only during the annual open enrollment period, except in the case of a qualifying event, as defined by Internal Revenue Service guidelines. Qualifying events include marriage, divorce, legal separation and death, among others.

I suggest you get a document signed by your spouse advising whether he wants back on the insurance plan or not.

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