An employee may be allowed to drop their spouse from coverage during open enrollment In the case of divorce, you may be able to remove your spouse from your insurance coverage within 30 days of the divorce decree becoming final However, the employee should follow any court orders in place, and the employer should be mindful of the fact that there are cobra implications when the employee does this in anticipation of divorce.
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In that case, judy is no longer an eligible spouse and may be entitled to cobra even though they have not yet divorced or legally separated because she would otherwise lose health coverage as a result of this change in status
Also, employers should check this in advance with their carrier.
When an employee removes a spouse during open enrollment, even in anticipation of a divorce, that alone typically does not create a right to elect cobra continuation coverage It’s crucial to remember that dropping your spouse from coverage occurs only during open enrollment or within 30 days of qualifying life events, like divorce. Generally, you can only drop your spouse from your health insurance if there is an open enrollment period or you're experiencing a qualifying event, such as getting divorced or buying a new health insurance plan. You’ll have to wait until the next open enrollment period
A spouse’s open enrollment period is generally not considered a qualifying life event for your own health coverage If your spouse makes a change during their open enrollment that results in a loss of coverage for you, that specific loss of coverage is a qualifying event. Yes, you can typically remove your husband from your health insurance during the open enrollment period, even if you have not initiated separation or divorce proceedings.
