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Can you drop your spouse from your health insurance?

On Behalf of | Sep 2, 2022 | Blog, Divorce

If you are in the middle of a divorce, money is probably in short supply. After all, you may be paying for the services of an attorney, forensic accountant, private investigator or other professionals. To save money, you may be thinking about dropping your soon-to-be ex-spouse from your employer’s health insurance.

According to the Episcopal Health Foundation, 63% of Texans have health insurance through either their employer or their spouse’s employer. While kicking your husband or wife off your employer’s policy during your divorce may save you some meaningful money, you probably cannot do so.

Automatic temporary restraining orders

As you probably know, things can get messy quite quickly during any divorce. To protect both spouses, courts tend to issue automatic temporary restraining orders. Regardless of which spouse files for divorce, these orders prohibit either spouse from taking certain actions. One of these is changing the beneficiaries of health insurance policies.

Your spouse’s future

While it might be perfectly acceptable for your spouse to rely on your health insurance coverage until your divorce concludes, your divorce will not last forever. Eventually, your husband or wife must confront reality. That is, because most employer-backed plans do not cover former spouses, he or she is going to have to find independent coverage.

The Consolidated Omnibudget Reconciliation Act may help temporarily, as it generally requires employers to provide coverage to former spouses for several months. This coverage is not likely to come cheaply, though.

Ultimately, if you believe you have a valid reason for ending the health insurance coverage your employer provides to your soon-to-be ex-spouse, you should discuss your options with your attorney immediately.


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