Medical insurance

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johnny_chingas

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My wife and I are currently separated, and divorce is very imminent for us. I have not yet retained or spoken to a lawyer. My question is, should I keep her on my company's medical plan, or should I drop her from the plan, which will effectively save me approximately $260 every month. What might the repercussions be if I follow through and remove her from the plan? She currently does not have a job to my knowledge.

Thank you for your advice.
 
Unless this is your company's open enrollment period, you do not have any option but to leave her on the plan until the divorce is finalized. Federal law limits when an employee can drop or add a dependent to the policy. You cannot do it whenever you feel like it.

It's not impossible that you will be required to continue her on your insurance after the divorce. My husband's first wife was required to continue his coverage on her policy by the terms of the divorce when it was finalized. He stayed on that policy for 15 years until he and I were married and he went on my coverage. So I wouldn't be in too much of a hurry to take her off as you might be ordered to turn around and put her back on.
 
I am not sure what state you are in, but in California when a divorce is filed both parties have a fiduciary duty to one another.....Also, under California law a restraining order is issued as soon as the divorce is filed.......This order prohibits kicking the other off of the family insurance........Auto, health, Dental, Canceling credit cards, closing bank accounts, selling the other's property........Etc Etc........
 
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