If the divorce is still in process , can the husband remove his wife from his Health Insurance benefits without legal implication on the husband's side?
My friend removed his wife as beneficiary in health insurance, the wife's harassing him telling that he can't do that becasue the divorce still in process. Her lawyer says same. But his lawyer says YES he can do that. Anyone has facts on this? Pls help,
2007-02-28 05:35:47 · 15 answers · asked by pinaytechie 2 in Family & Relationships ➔ Marriage & Divorce
Yes it is okay as long as you have proof that the divorce is in process.
2007-02-28 05:38:55 · answer #1 · answered by Shorty06 3 · 0⤊ 0⤋
Different states have different laws for this. You have brought up two different things here first you said health insurance so lets talk about that. If he does this it may be illegal under the state law but since the divorce is pending the judge can order him to continue the health benifits or he may have to pay the bills or a part of them so he is only hurting himself. As for the beneficiary on insurance states do have different laws for this but most times you can change that with just a form you do have a right to decide who gets your money in the event you die
2007-02-28 05:48:54 · answer #2 · answered by trick1us 3 · 0⤊ 0⤋
In most states the law foribds removing a spouse from health insurance until the divorce is final. Consult a lawyer in the state where you live.
2007-02-28 05:46:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In california the spouse had to stay in the insurance until the divorce is final...(usually 6 mos. after filing) If the husband removes the wife anyway, the judge will order him to put her back on.
2007-02-28 05:47:32 · answer #4 · answered by Clarissa 4 · 0⤊ 0⤋
That’s sticky…technically he shouldn’t have removed her until the divorce was final. He may run into a problem if the courts order him to carrier some sort of coverage for her until she can get her own or can pay for her own.
If it’s a life insurance type policy, he can’t remove her without her signing paperwork if it’s before the divorce is final. Afterwards, he can present them with a copy of his divorce papers to have her removed.
2007-02-28 05:49:14 · answer #5 · answered by Pisces Princess 6 · 0⤊ 0⤋
Sure he can do this even if your married. Not true! It's never been the LAW to claim your family on benefits. He should tell his wife to get off her bootie and get a job with benefits! But then again I wonder if her plan was to claim that as part of her DIVORCE compensation. Well I guess he nipped that in the bud hahahaha!
2007-02-28 05:48:57 · answer #6 · answered by SecretFriend 3 · 0⤊ 0⤋
He can remove her as a beneficiary on life insurance/disability insurance. He can remove her as a BENEFICIARY on anything...that just means they receive [whatever] in the case that the primary cannot receive it (due to illness or death). For example, my mother, not my fiance, is my beneficiary. Once I get married, I will change it to my husband. My cousin put me as his beneficiary when he MARRIED his wife.
As to whether or not he can remove her from the benefits (as in, his health/dental insurance), that varies state to state. Leave it to the lawyers to hack it out.
2007-02-28 05:58:04 · answer #7 · answered by Just tryin' to help 6 · 0⤊ 0⤋
You are not legally obligated to have health insurance, life insurance, or any other insurance (other than personal car insurance). You are likewise not legally obligated to provide it for your spouse.
He is however financially obligated if she gets medical treatment while they are married.
You can typically only change your insurance anually or when a "life changing event" occurs, such as the birth of a child. If his divorce isn't final then he'd have to change employment or have his annual enrollment come up in order to change it.
2007-02-28 05:47:32 · answer #8 · answered by Martin Pedersen 6 · 0⤊ 0⤋
I don't know what state you are in but In Oklahoma it is not okay to do that I am also going through a divorce and am not able to remove her for 3 years after the divorce is over
2007-02-28 05:42:08 · answer #9 · answered by danielkairijacob 1 · 0⤊ 0⤋
No he can't the judge can order him to keep insurance on her for up to a certain time if he wants his lawyer is mistaken they are still married untill the judge says their divorced.
2007-02-28 05:43:19 · answer #10 · answered by Denny O 4 · 0⤊ 0⤋
In California they can't remove them if the insurance is available at little or no cost and the spouse doesn't have insurance coverage through their own employment. The Judge can order him to reinstate her insurance
2007-02-28 05:39:36 · answer #11 · answered by Anonymous · 0⤊ 0⤋