I live in NYS and my husband and I are going to get divorced. I was told before that he couldn't drop me off our insurance until our divorced was finalized and now, he waltzes into his employer and tells them VERBALLY that his lawyer said he could drop me and POOF they do it for him. So now, I have no insurance as of Feb. 1st and never knew about it. Is this legal??
2007-02-05 04:58:30 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Yes. Legally your husband is not required to have you on his insurance or even to have insurance. He can name anyone he wants as his beneficiary.
2007-02-05 05:01:45 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You would be better off getting your own insurance. I hear everyone in here talking about Cobra, and keeping the insurance after you are divorced. What Cobra does is allow you to keep the same insurance going. What people don't usually pay attention to is that you will have to pay the premium, as well as the amount of money the employer also contributed to the insurace cost.
For example, I pay $137 a month for both my kids. I work for the state, and they pay $400 and some change per month towards my kids insurance. If I were to quit or be fired, I could keep them insured, but would have to pay the $137 and the $400 to keep the insurance active.
If you do this in the divorce, you will have to pay the total cost of that insurance. You can likely get it cheaper on your own, whether it is through your employer, or working on your own with an insurance company.
Also, you know you are getting divorced, get you own insurance. If you want him to keep you on it during the process, you should at least offer to reimburse him for what is taken from his check to insure you. If you are not willing to do so, it looks like you are only concerned with money, and getting back at him.
2007-02-05 05:19:14 · answer #2 · answered by ? 5 · 0⤊ 0⤋
No, he usually cannot do this. Have your lawyer contact his lawyer and get that insurance re-instated. You should be covered until the divorce is final AND if he works for a company that offers this insurance to him, you should be able to pay for a COBRA policy of insurance after the divorce for up to a year or two. Call your lawyer.
2007-02-05 05:07:30 · answer #3 · answered by Wiser1 6 · 0⤊ 1⤋
YES it's legal. married or not, he has the power to drop your insurance in 1 second. He's NOT obligated to cover you under his insurance, yet you still expect him to even though you are getting a divorce? well, you need to wake up & smell the coffee. You live in another state, you folks are getting a divorce. Do not expect him to support you anymore. You need to get a job & ask your own employer to give you insurance, otherwise buy it yourself & pay for it yourself. I can't stand women who still expect their so called soon to be "ex husband" to still support them through divorce. It's like, come on! being a woman is called being INDEPENDENT. You need to learn how to take care of yourself.
2007-02-05 05:14:39 · answer #4 · answered by sugarBear 6 · 0⤊ 0⤋
If you are talking about health insurance, I seriously doubt that it is legal. Check with your lawyer. Regardless, you likely have COBRA rights after the divorce. Ask your lawyer about that too.
2007-02-05 05:04:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No it is not legal, you need to call his human resources department, in fact even after the divorce they have to offer you cobra for a certain amount of time, you need to talk to a lawyer, your ex is trying to bully you!!
2007-02-05 05:03:59 · answer #6 · answered by Sir Hard & Thick 2 · 0⤊ 1⤋
Unfortunately, insurance is not required by law in a marriage contract. It is by choice that spouses and children are included or excluded. Sorry!
2007-02-05 05:11:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
For clarification...do you mean company sponsored life insurance or company/personal sponsored health insurance? It could make a BIG difference which one you are talking about.
2007-02-05 05:04:41 · answer #8 · answered by UnklSamsGirl 2 · 0⤊ 0⤋
I don't know NY law, but he probably can. They're his benefits, his employer, his choice. You may be able to force him to cover you in a divorce decree.
2007-02-05 05:05:38 · answer #9 · answered by FatElvis 4 · 0⤊ 0⤋
No i dont think he can but i am not sure... You need to talk to your attorney and find out. You may need to get your own insurance now.
2007-02-05 05:02:30 · answer #10 · answered by Lady Hewitt 6 · 1⤊ 0⤋