Can you remove someone from health insurance at any time

If your spouse has health insurance through your employer and you are now getting a divorce, he or she will no longer be covered once it is finalized. Generally, when it comes to employer health insurance plans, only eligible dependents are covered. While your children will continue to receive coverage, your ex-spouse will likely not meet the requirements. That said, the Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to keep providing health insurance for an employee’s ex-spouse for up to 36 months after a divorce.

If COBRA applies to your situation, a judge will factor it into your spousal support, so it may be in your best interest to consider providing health support during and for a limited amount of time after the divorce.

Health Insurance and the Divorce Process

Upon filing or receiving service of the Summons for Dissolution of Marriage (form FL-110), standard family law restraining orders take effect (also called “ATROs” or “Automatic Temporary Restraining Orders”), which restrain you from changing or canceling any of the beneficiaries for any insurance coverage, including life, health, automobile, disability, or that which is held for the benefit of either party or your minor children. As such, you cannot remove your spouse from your health insurance while your divorce is pending. If you remove your spouse from your health insurance plan without a court order, you will probably run into some legal challenges. As much as you may want to disconnect yourself from your soon-to-be ex-spouse, you do not want to risk jeopardizing your case by making an impulsive decision. Your earnings, your portion of the community property, and your separate property may be liable for 100% of the uninsured medical costs incurred by your spouse, if you unilaterally changed your spouses insurance without a court order permitting you to do so.

If you believe your spouse should be removed from your health insurance during the divorce process, you must petition the court for permission first. Depending on the circumstances, your request may be granted. Alternatively, if your spouse obtained his or her own insurance, you should be sure to obtain a written and signed Stipulation that can be submitted to the Court to be approved as a Court Order so you can protect yourself in the event of a major illness or accident. Just be sure not remove your spouse from your health insurance while in the midst of divorce proceedings unless you have a court order that permits you to do so.

In some cases, one party may ask the other to stay on the insured spouse’s plan or the insured spouse may even want to keep their ex-spouse on his/her employer’s insurance plan. While it is desirous to stay on an ex-spouse’s low-cost or no-cost plan, this option is often challenging, especially since health insurance companies do not permit divorced spouses to remain on a health insurance policy. The insurance company may cancel the insured spouse’s coverage or allege insurance fraud if they were not notified of the divorce. In instances where one spouse desperately needs to remain on insurance, a legal separation may be a better alternative than a divorce. A divorce constitutes a “life event” to enable you to get insurance outside of an open enrollment period, as long as you obtain insurance immediately after your Entry of Judgment. If you believe health insurance will become a major issue in your divorce, consult with an experienced attorney as soon as possible.

Reach Out to Our Knowledgeable Divorce Attorneys for Knowledgeable Advice Today!

If you are getting a divorce and you have concerns about health insurance during and after the process, you will need to retain skilled legal guidance. At Kraft Miles, A Law Corporation, our family law team has the experience and insight necessary to guide you through this process and help you achieve the results you need. We understand that you want to move forward and unlink your life from your spouse and will do what we can to ensure you can achieve your goals.

Get started and contact our family law team today at (818) 462-5076 to request a consultation with one of our divorce attorneys.

Adding a dependent

You can add coverage for a spouse, domestic partner or child by filling out the form below or logging in to Sharp Connect.

Starting July 1, 2020, you can only add a dependent if you've had a qualifying event. You may also use this form to cancel your existing policy or update your name or address.

Removing a dependent

Log in to Sharp Connect to remove a dependent from your plan. If you're covered through your employer, please contact your benefits coordinator.

Not sure what a “dependent” is?

A dependent is someone you claim on your tax deduction as a personal exemption. Examples of dependents could be:

• Spouse or domestic partner
• Newborn or adopted child
• Adult child under the age of 26

Adding your domestic partner

The subscriber and domestic partner must meet all of the following requirements:

1. Both persons agree to be jointly responsible for each other’s basic living expenses incurred during the domestic partnership.
2. Neither person is married or a member of another domestic partnership.
3. The two persons are not related by blood in a way that would prevent them from being married to each other in California.
4. Both persons are at least 18 years of age.
5. Both persons are capable of consenting to the domestic partnership.

1. Either of the following:
   a) Both persons are members of the same sex.
   b) One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C. Section 1381 for aged individuals. Notwithstanding any other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both persons are over the age of 62.
2. Neither person has previously filed a Declaration of Domestic Partnership with the Secretary of State pursuant to this division that has not been terminated under Section 299.
3. Both file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division.

Domestic partner also includes individuals who meet criteria 1-5 above and sign an affidavit attesting to that fact, if the employer has elected this option.

Are newborns covered at birth?

Having a baby is considered a “qualifying event,” and your little bundle of joy will get special enrollment coverage under your family plan automatically for their first 31 days.

If your benefit plan is provided by your employer and you'd like to continue coverage beyond the first 31 days, then contact your employer’s human resources department. Your employer can give you instructions on how to add your newborn to your plan. If you purchased your family plan on your own, fill out an enrollment application or contact Customer Care for personalized help.

DOWNLOAD THE ENROLLMENT APPLICATION

Helpful tips

• Newborns are automatically covered under your family plan for the first 31 days.
• Newborns are assigned to the mother’s PMG until the first day of the month following birth. You may assign your newborn to a different PCP or PMG following the birth month by calling Customer Care.
• Fill out your enrollment application within those first 31 days to continue coverage after that time.
• Have your baby’s birth certificate handy, you may be asked to provide a copy.

Absolutely. Your employer may have some guidelines in place, so it might help to talk to someone in human resources to get the full explanation. But, your children are eligible as well as significant others if you’re legally married or a registered domestic partner.

It depends. Your child will still be covered so long as he or she lives - or keeps permanent residency - within the plan’s service area. Log in to your account to see your plan’s coverage.

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