Can I drop a spouse from medical insurance during open enrollment if I’ve filed for divorce?

Question:

Can I drop a spouse from medical insurance during open enrollment if I’ve filed for divorce?

My spouse hasn’t lived with me for 3 months, but we are not legally separated. I filed for divorce a week ago. Can I legally drop him from my employer’s health insurance during open enrollment? Or do I have to wait until the divorce is finalized to make any changes?

Answer:

No, you can not drop him from your insurance policy until the divorce is finalized.

The Preliminary Injunction prohibits either party from canceling any insurance policies while the action is in process. You would also be prohibited from dropping or modifying his coverage.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.

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