My wife and I have separated. We are currently living apart from each other. We are not "legally separated". So there is no agreement between us regarding health insurance. She is employed full-time and I have been covered under her health plan. 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 09:34:03 · 5 answers · asked by Tertium Quid 2 in Politics & Government ➔ Law & Ethics
Depends on your state, in CA once papers have been filed both parties have to leave things "status quo". One partner can't cancel health, life or car insurance. But if the papers haven't been filed then she can do whatever she wants.
2006-12-19 10:19:23 · answer #1 · answered by Loli M 5 · 0⤊ 0⤋
You are not in a very good position as long as you have asserted no legal rights for claiming the need for insurance and left that up to her. She can do whatever she wants (and the insurance company doesn't have to cover you) as long as she does it at the beginning of the enrollment period. Consider getting advice from a family (divorce) lawyer as soon as possible.
2006-12-19 09:49:19 · answer #2 · answered by Buffy Summers 6 · 0⤊ 0⤋
Sorry, but it is legal to do that. It would have been illegal if she would have tried to remove you before the "open enrollment" period was open. You said that you were disabled, go to the Department of Family and Children services and they will put you on a free medical plan that will pay for your doctors bill and pay for any medician that you purchase from a drug store.
2006-12-19 09:45:28 · answer #3 · answered by ? 5 · 0⤊ 0⤋
Unfortunately it is very legal for her to remove you because its her employee insurance if this was your insurance you would be able to remove her as well....Sorry but there are alot of good insurance plans out there right now surf the Internet and you will find a good one....Good Luck...
2006-12-19 09:39:11 · answer #4 · answered by i want to know 1 · 0⤊ 0⤋
Yes it is legal. If you were a dependent then it would illegal.
2006-12-19 09:38:31 · answer #5 · answered by yogibear 2 · 1⤊ 0⤋