Can I drop my spouse from my employer's insurance plan if it is during open enrollment period and the divorce is not final yet?

Question

Can I drop my spouse from my employer's insurance plan if it is during open enrollment period and the divorce is not final yet?

Answer

You cannot terminate your spouse's insurance coverage while the divorce is pending unless your spouse specifically consents to the termination (it would be considered a violation of the Preliminary Injunction). When the divorce is final, you will be able to drop the coverage even if it is not open enrollment because the divorce is considered a life-changing event that supersedes the enrollment period.