Question: Can an employee revoke coverage for a spouse if he is going through the process of legal separation?
Answer: Usually the date of legal divorce or separation (if your plan allows) is the qualifying event under both HIPAA and Section 125 that allows an individual to revoke coverage mid-year for a former spouse. The decree or similar court paperwork that indicates the divorce or separation is legally recognized may be accepted as proof. If your plan recognizes legal separation, documentation or a separation agreement from an attorney or court should be sufficient to document the qualifying event. Remember, when the former spouse or separated spouse loses coverage, this triggers a COBRA qualifying event.
We do recommend reviewing your plan materials to determine how your plan operates in regards to dropping coverage due to a separation or divorce.