Can My Spouse Voluntarily Remove Me as a Dependent on Health Insurance?
Full Question:
Answer:
Yes, unless there is a court order requiring her to provide you with insurance, a spouse may voluntarily remove another spouse as a dependent for health insurance. You may be entitled to continuation coverage under COBRA if you are legally separated. Under COBRA, a discontinuation of coverage for a spouse is treated as a qualifying event for COBRA as follows:
Qualifying Events for Spouses:
-Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
-Reduction in the hours worked by the covered employee
-Covered employee's becoming entitled to Medicare
-Divorce or legal separation of the covered employee
-Death of the covered employee
If the employee notifies the plan administrator they are removing the dependents because of a divorce/legal separation or a dependent ceasing to be a dependent, then the employer is obligated to offer COBRA benefits to the dependents.
For futher information, please see:
http://www.infinisource.net/Infinisource/The_COBRA_Guide/COBRA_guide_articles/COBRA_Guide_02-2006.pdf
http://www.dol.gov/dol/topic/health-plans/cobra.htm
http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html