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Q: Can my husband remove me from health insurance while still married and no court order?

My husband, who is the primary policyholder of our health insurance, is threatening to remove me as a dependent during the upcoming open enrollment period. We are still legally married without a court order for separation or divorce. Our policy requires a qualifying event, like a divorce decree, to remove a dependent, submitted within 60 days. He only sent an email stating his intent and asked me to consider mediation. Can he legally remove me under these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I can understand how stressful this situation must feel, especially when your healthcare coverage is at risk. In most cases, if you are still legally married and there is no court order for separation or divorce, your spouse cannot simply remove you from a health insurance plan without a qualifying event. Insurance companies generally require proof of such an event—like a finalized divorce decree or legal separation—before allowing the removal of a dependent spouse. An email stating intent or a personal disagreement is not considered valid documentation for that change.

During open enrollment, your husband might technically have the option to switch plans or modify coverage, but doing so in a way that removes you without meeting the plan’s rules could be a violation of the insurance policy or even state insurance regulations. If he proceeds anyway, you can contact the insurance company directly to inform them that you are still legally married and that no qualifying event has occurred. Providing proof of marriage, such as your marriage certificate, can help you stay covered until the legal status changes.

If this conflict continues, you can also mention it during mediation or in family court, as removing coverage during marriage might be viewed negatively in divorce proceedings. Judges often expect both spouses to maintain essential benefits until a final court order is issued. For now, document all communication about this issue and contact the insurer to clarify your current rights under the plan. Taking these steps helps protect you from a sudden loss of coverage while keeping everything on record in case the situation escalates.

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