QUESTION
Before the divorce is final at time of open enrollment, can a spouse who has been living separately for 10 months be removed from health insurance?
Asked on Oct 27th, 2015 on Divorce - Florida
4 ANSWERS
John Arthur Smitten
Yes, however make sure you give the other side notice.
Answered on Nov 05th, 2015 at 4:21 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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The answer to this question may depend upon the language of any settlement agreement entered into by the parties, as well as any other negotiations than have been reduced to writing. This may also depend upon the provisions and terms of the health plan at issue and the language applicable to coverage of spouses during and after a divorce is filed or a judgment entered. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Nov 05th, 2015 at 4:21 PM
If the couple have separated there is no requirement for one spouse to include the other in health insurance.
Answered on Nov 05th, 2015 at 9:11 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Probably. But that might conflict with a local administrative order. Go see a local family attorney for a full discussion.
Answered on Nov 05th, 2015 at 9:11 AM