Full question:
My wife of 17 months moved out on me in October 2008. We are not 'legally' separated, but maintain separate living addresses. She is employed by the state of Nevada. I am unemployed and on disability (end stage kidney disease). I have been covered as a dependent on my wife's insurance since July 2008. Now she tells me she will NOT enroll me in her insurance this October. I am on Medicare. I want to stay on her insurance. Can she omit me as a dependent?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Nevada
Answer:
Yes, unless there is a court ordr 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
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
