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Generally speaking (and this may not apply to every circumstance), an employer can force a spouse (or domestic partner) off of the employer's sponsored health insurance plan, but under certain conditions only.

The spouse being forced off of the plan must be eligible for his or her own employer sponsored plan. The plan that the spouse is eligible for must include a comprehensive package, and not be a fixed indemnity limited coverage plan.

For example, wife works and covers her husband and kids under her family plan. The husband also works, and where he works they too offer coverage under a similar comprehensive medical plan. He has waived out of his company's plan because he is covered by his wife's plan. In this instance the wife's company could force the husband off of her plan, thus making it necessary (maybe even mandatory) for him to enroll as a single subscriber under his employer's plan.

The wife's company would not be able to force the husband off if the husband's company (1) did not offer medical insurance, or (2) if the husband's company only offered a limited coverage plan.

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Q: Can my company force my spouse to take her employers insurance and force her off of mine?
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