Legal Question in Family Law in Louisiana

In Louisiana, can a spouse legally drop the other spouse from their employer-sponsered health insurance? A divorce has been discussed (and will happen) but no steps have been made and both are still living in the same house. The reason to drop is to "save money" and the party being dropped will have no healthcare.


Asked on 12/24/10, 10:37 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Of course a spouse can be dropped from the other spouse's employer-sponsored health insurance, BUT then the community becomes fully responsible for any and all of the medical expenses incurred by the non-insured spouse. Since you do not say who works and if you both do how much each of you makes, then simply speaking, each spouse is equally responsible for the costs. However, if the spouse who is dropping the insurance is the only one who is working, then they will be responsible for the entire amount of any medical expenses of the non-insured spouse. He/she certainly has no attorney because no lawyer would agree with his client to drop the spouse from the employer-sponsored medical insurance to "save money" unless you are not telling the whole story.

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Answered on 12/29/10, 3:03 pm


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