I recently separated from my husband, I am covered under his health insurance. ( Blue Cross Blue Shield) Can he cancel my health insurance? I heard somewhere that he couldn't. Is this true? I have an upcoming surgery and need to know for sure! Thanks...
2007-01-31 03:31:47 · 9 answers · asked by thinkpink82981 2 in Business & Finance ➔ Insurance
I would recommend you speak to an attorney. I've been an insurance and financial services professional for over 30 years, and I've seen angry spouses and ex-spouses ruin one another financially over things like this.
I don't mean to disagree with the first commenter, but calling the insurance company and getting your own policy would not be in your interests. Your pre-existing condition would likely not be covered at all under a new policy, and if you get an entirely new policy (not COBRA), they are not required to accept you or to cover your existing condition.
Your estranged husband might be a great guy, and y'all might be getting along great right now, but don't ever put it beyond a vindictive ex-mate to get revenge.
In some states you can get temporary spousal support or consideration. Or, you may just get a court order which requires him to maintain the insurance coverage as it was prior to the separation (include any life insurance and beneficiary designations to be maintained in the same manner). But, IF YOU DON'T GET LEGAL REPRESENTATION YOU ARE MAKING YOURSELF VULNERABLE!
If you have children, then you need to be sure he continues to provide insurance for them, as well.
Additionally - and I know, most people say, "oh, I don't want anything, I just want to move on." You may say that now, but the future might be very different.
What if you become uninsurable as a result of your medical condition? What if you can get insurance, but it will be heavily endorsed for your condition, or the premium increased? What if he dies before the divorce is final? Or, if you have children, what if he dies before his child support obligations terminate?
With a good attorney, you can require that he maintain a life insurance policy equal to the amount of future unpaid child support (or in states where alimony is required, equal to unpaid future alimony payments). If he dies, that doesn't mean those obligations should be erased. An attorney can require that he maintain, and pay premiums for your coverage - at least through the time you are entitled to COBRA coverage.
PLEASE!!! Don't take this lightly! You have an obligation TO YOURSELF to ensure your future. Whether or not the two of you remain together, his part in that obligation (depending on how long you were together, how many children, and economic and property status) his part in that obligation does not end just because the marriage ends!
2007-01-31 05:28:25 · answer #1 · answered by View from a horse 3 · 0⤊ 2⤋
During the open enrollment period with his employer, he can cancel you off his policy. Outside of the open enrollment, he needs to have a "qualifying event" to cancel you from his insurance. You'll have to check with his HR department to see if a legal seperation is a qualifying event in your state.
Divorce IS a qualifying event, so as soon as the divorce goes through, he can cancel you.
Most companies have open enrollment in December, so it's possible he already did delete you. You can call the number on the back of your insurance card, and ask if 1. he cancelled you and 2. if seperation is a qualifying event. They might not know the answer to #2.
If it's a private policy, he can make any changes at any time.
2007-01-31 04:38:16 · answer #2 · answered by Anonymous 7 · 1⤊ 0⤋
You'll need to find out when it happened & under what circumstances. Because you were formerly insured, your husband's employer will likely be able to tell you "why" the coverage was cancelled (call the number on the back of the medical card if you have one). Generally, if it is not the beginning of the year, employees cannot make changes to their health benefits coverage. If your husband told his company that he recently became divorced, and for that reason, he was allowed to terminate coverage, you can petition the company to have it reinstated. Unfortunately, if he removed you from coverage during the enrollment period, there is not much you can do as he is not legally obligated to provide you with coverage. However, you should have received an offer for COBRA (continuation of benefits) coverage from the company, though it is very expensive.
2016-03-15 02:48:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If its a group policy through his job, they probably won't let him take you off in the middle of the year without proof of separation. (i.e. divorce papers). If he has documentation, they will most likely cancel it effective the day of the divorce. Otherwise he'll have to wait until his open enrollment period. Either way, if he does figure out a way to convince them to drop you, you'll be eligible for COBRA. Call the insurance company, see if they have a contact available through his HR, they can give you some specifics.
If its a private policy, he can do whatever he wants.
2007-01-31 13:05:25 · answer #4 · answered by Custo 4 · 0⤊ 0⤋
Sorry for your predicament.
Yes he can cancel your coverage.
If this progresses to a divorce and you have children together, you need to address life insurance on each of you in the divorce decree. I suggest that you own a policy on him (and vica versa). You should also look into disability insurance for yourself.
Talk to an agent
Good Luck.
2007-01-31 04:25:53 · answer #5 · answered by insuranceguytx 5 · 1⤊ 0⤋
I am sure he could cancel or remove anyone he wanted, as long as he paid the bills.
Can you call the insurance and see if you are still covered? If you and he seperated on good terms, then he might not. If you did under bad terms, then he might have done that already, however, he might not even be thinking about it right now.
The only way you will know for sure, is to call them and make sure your name is still on it.
2007-01-31 03:37:32 · answer #6 · answered by George P 6 · 0⤊ 0⤋
If it's his health insurance and he is the policy holder then he can control who else is on his policy with him so yes he can remove you. Sorry!
Phone up the insurance company and say you wish to be transferred to your own policy on the same terms. They should do this for you and then you will be in control. Beware of any restrictions on your policy as a new customer (qualifying periods etc) if you are planning to make a claim soon...
2007-01-31 03:36:13 · answer #7 · answered by Robin the Electrocuted 5 · 0⤊ 2⤋
Depending on your state Yes he can. I recently went through the same thing with my now ex but we worked it out to where he kept me on until after the divorce was final.
He will have to go to Human Resources of his company tell them the situation and then you are removed.
Good Luck and Been There
2007-01-31 03:37:25 · answer #8 · answered by flawolfchild 2 · 1⤊ 0⤋
You need a lawyer to draw up legal seperation papers that specifically state that he must keep you covered. Some employers will drop you themselves if you don't have legal documentation.
2007-01-31 03:41:26 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Really interesting question, looking forward to going through the answers
2016-07-28 08:08:25 · answer #10 · answered by Martina 3 · 0⤊ 0⤋