Don’t cancel the health insurance for your spouse just yet. While it does not happen often, there are cases were as soon as a divorce starts, one spouse cancels a group health insurance plan for the other spouse. Usually, this is a serious financial mistake.
First, the cancellation probably should not have been allowed by the plan unless it was made in an open enrollment period. While a divorce is a life-change that can allow different elections, filing for a divorce usually is not.
Second, by cancelling the insurance, the parties are exposed to significantly higher possible health expenses, the debt for which will likely be marital and could be assigned to the spouse who cancelled the health insurance (especially if the judge views the decision as made in bad faith). Thus, someone who cancels health insurance could be subject to a finding if dissipation of the marital estate to the extent that there are significant non-paid medical expenses.
Before deciding to unilaterally cancel your spouse’s health insurance you should consult your attorney.
