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I've filed for divorce in PA and my wife won't sign the papers. When can I take her off my healthcare insurance plan?

Susquehanna, PA |

She has a settlement agreement I had made that states neither party will get spousal support or alimony. It just isn't signed yet. After it's signed can I remove her? Also she tried to get spousal support and I asked for an entitlement defense hearing because she cheated on me and I have evidence. She didn't want to go to court so she vacated the spousal support. Does this make a difference in when I can remove her from Health Insurance??

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Attorney answers 3


You should have a clause in your agreement that discusses health insurance. Also, speak to your HR and see what their rules are


Your lawyer should answer this question. Usually spouses are not removed from coverage until the divorce is final. Sometimes they are still covered for a period if time after that depending on the coverage you have.

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Peggy M. Raddatz

Peggy M. Raddatz


Yes and after coverage end there is the option of COBRA coverage for three years.

Peggy M. Raddatz

Peggy M. Raddatz




Typically, you cannot remove her from your health insurance plan until the Divorce Decree is entered. At that point, a COBRA package will be sent to your wife giving her the option of electing coverage under the provisions of the statute.

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

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