Major medical hospitilzation coverage

[trashboss]

My jurisdiction is: California

My wife and I are divorcing. She is currently covered under my medical insurance at my work. My new enrollment period is coming up soon and I would like to exclude her from my coverage. She does have the ability to acquire her own coverage through her employer. Do I have to keep her on my coverage until the divorce is finalized? This seems to be the only sticking point in reaching and signing our marital settlement agreement.

 

[cbg]

Whether or not you need to keep her on your coverage until the divorce is final depends entirely on any agreement between the two of you or court orders that have been made so far. The law does not address this directly either way.

Keep in mind that if you remove her from the coverage now and are later ordered by the terms of the divorce decree to provide her with coverage, you may or may not be able to add her back to your employer's plan immediately. Before you subtract her from the plan, you'd do well to check with your HR department and confirm under what circumstances you can add her back on.

 

[trashboss]

Thank you very much for the insight and advise.