My wife and I have separated. We are currently living apart from each other. She is employed full-time. Recently, she cancelled my health insurance that she receives through her employer. I had heard that this is illegal. In other words, I was told that a spouse cannot remove the other spouse from his or her health insurance until there is a divorce. However, when I called the insurance company, I was told that she had removed me during "open enrollment" and that she is legally allowed to do so during that time. I am disabled and would suffer greatly if I lose my health coverage. Is what she did legal?
2006-12-19 04:23:34 · 9 answers · asked by Tertium Quid 2 in Business & Finance ➔ Insurance
We are not "legally separated". So there is no agreement between us regarding health insurance.
2006-12-19 05:58:22 · update #1
It is legal. You should consult your lawyer to make sure that she was supposed to keep the coverage for you under the agreement. If she was, then it was not legal.
2006-12-19 05:08:04 · answer #1 · answered by ricks 5 · 0⤊ 0⤋
1
2016-05-28 18:31:59 · answer #2 · answered by Marisa 3 · 0⤊ 0⤋
During open enrollment, the employee can make any changes she wants. She can delete you, she can delete kids, etc.
At any other time of the year, she can only make changes related to a "qualifying event" such as birth, death, divorce, etc. So YES, it's legal.
It's also stupid - because while you are still married, in your state, it's possible she might still be responsible for YOUR medical bills.
2006-12-20 01:08:11 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
Yes, it's legal. She can make any changes she wants to make during open enrollment. Even if it wasn't open enrollment, she may have been able to make changes by using a Family Status Change Form.
2006-12-19 04:39:36 · answer #4 · answered by Julie F 4 · 0⤊ 0⤋
Yes, what she did is legal. On open enrollment you can do whatever changes you want, like adding or cancel someone. If you are disabled you should apply for medicare or whatever your state offers for people with disabilities.
2006-12-19 04:34:33 · answer #5 · answered by Sarita 2 · 0⤊ 0⤋
Certainly, you should consult your lawyer. Is there a separation agreement? If so, the health insurance should fall under one of the categories stipulated in the agreement.
good luck!
2006-12-19 04:28:13 · answer #6 · answered by igollert 3 · 0⤊ 0⤋
Consult your lawyer. The insurance company seems to think it was legal, but since it will be such a hardship for you, it would be worth checking into further.
2006-12-19 04:32:58 · answer #7 · answered by arockhoundsgal 1 · 0⤊ 0⤋
She can remove you, but she is prob. shooting her self in the foot because your not yet legally seperated or divorced she is also financially responsible for any debt that you accrue.
2006-12-19 09:00:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yes she can
2006-12-19 10:15:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋