Removing your spouse from health insurance
Short answer: No.
When two people divorce, they are separating an entire life that they created together. Once a divorce is announced, the separation usually cannot happen quickly enough. Regardless of whether or not the divorce is finalized, once that word is spoken, there is no stopping the snowball effect. First, there are separate bank accounts, then the separate car notes and separate dwellings.
Another question that arises is about health insurance:
Can you remove your spouse from your health insurance before the divorce?
The answer is No. Simple as that. Once you are married and on your spouse’s insurance, you cannot remove them from your insurance policy prior to a divorce. It might sound outrageous at first. Even if you are living in separate places, they will still see that you are married to each other. However, if you read the reasons why the law exists, it states that a spouse cannot be removed from health insurance prior to a divorce. Then the law will start to make more sense.
First, a person cannot be removed from an insurance policy in the middle of a plan or policy year. The insurance companies only update their records and client information once a year. That way, they can efficiently run their enormous client base, so your spouse cannot be removed in the middle of the year.
The next reason your spouse cannot be removed from your insurance policy is due to the fact that there is no “change in circumstances.” The way they see it, you are still married to each other, so nothing has officially changed until they see a Divorce Decree.
If the spouse has previous medical bills, falls ill, or defaults on their payments, insurance companies have another point of contact regarding such issues. Also, if your soon-to-be ex-spouse defaults on their medical bills, then the insurance companies have another way to look into your accounts and assets, and pay back what your spouse owes. The insurance companies want to make money, so you will make sure they stay on your back until the obligation is no longer yours to carry.
After the Divorce
You can only remove your ex-spouse from your health insurance policy after the divorce has been finalized and the case is closed. The law states that you must remove your ex-spouse, since it is against the law to have anyone other than your dependent children and spouse on your insurance policy. Therefore, you should make it a priority to avoid any more issues than you have to.