Legal Question in Family Law in Arizona

Re: Drop current spouse from health insurance

Your question is unusual. There is no legal obligation for one spouse to provide the other spouse with insurance, unless you have some sort of nuptual agreement to that effect. Families are free to determine the best way to cover medical costs. In most situations, an employee (you) selects to have family members covered (or not) on an employee insurance plan at the time the employee enrolls under the plan. You will need to talk to your employer or your employer's insurance carrier for the procedure to undo that election.

I would proceed with caution, however. You do not say why you would like to have your wife removed from your policy, or whether she has alternative insurance coverage available. Going without insurance can be very risky, and if she has any pre-existing conditions, a new insurer would probably not cover these conditions for a period of time, or in some cases, ever, depending on the provider. Also, obtaining health insurance for one non-working person is usually much more expensive than obtaining insurance as part of a group plan, as the group qualifies for discounts. Individual coverage is also often inferior coverage to group coverage. If your wife does not have alternative insurance coverage available, remember that all medical costs she incurs for doctor visits, testing, lab work, hospital stays, etc, will become the financial obligation of the community - not just of your wife. Since you are apparently the earner in your family, the medical industry would look to you to pay these expenses.

I hate to guess at your reasoning, and I can think of few reasons why taking your wife off your insurance plan might come to mind. If you are considering this step because you feel she may qualify for some form of free medical care from the county, I would carefully research your belief before cancelling her insurance. Although I have not researched this possibility, my guess is that the county would look at your total family income, and maybe your ability to get insurance for her, rather than just your wife's income. If you are thinking of removing her to encourage her to go out to work, remember that all medical costs she may incur while she remains uncovered will be the responsibility of the community, and if she gets a job with health benefits, her new coverage might not cover existing conditions. If the reasons have to do with the cost of coverage or problems with the insurer, you may want to explore alternative coverage solutions with your employer's carrier. If I haven't hit the nail on the head, feel free to e-mail me directly with your reason, and I'll see if I can respond more specifically.

Whatever your reasons, I advise you to be very, very cautious about leaving your wife without health insurance.