Berlin, NJ asked in Family Law for Ohio

Q: Do I need to re-enroll my separated wife (not legally) in my employer's healthcare plan during 2020 annual enrollment?

My wife of 22 years separated from me several months ago (not legally) and has indicated she wants to divorce but she still hasn't taken any legal action. She is currently covered by my employer's healthplan. She is a physician who typically has earned substantially more than I do (~1.5X-2X my salary), but her employer does not offer healthcare coverage. With annual open enrollment at my employer taking place soon, am I required to add her for 2020 even though she earns enough to pay for her own coverage? Her compensation is commision based (flat % of reimbursement) and she claims this year's numbers are down and she can't afford it although I don't have access to confirm her claim. In previous years her earnings steadily increased year after year. I have supported her and our family prior to and throughout her lengthy process of education and training (undergrad, med school and residency). Kids are 18+, so custody is not a consideration.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: She would have to consent to being removed from your health plan. If there is a divorce, then she could enroll separately under COBRA with your employer after the divorce is final, or find her own insurance elsewhere. Talk to your HR person. If you file for divorce, the health insurance will be sorted out along with other financial issues. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation and advise you.

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