Can I drop her off insurance?

[Crow1]

What is the name of your state (only U.S. law)? Texas

Basically, she is contracted to send my money for half the medical insurance (she's on my plan) but she hasn't done so and continues to argue. Talking to her goes from stalking, rants, being nice and inviting me over, and random threats.

Can I drop her from my insurance if she is not paying her half? Could I argue that I could not afford it without being paid?

Is there anything I can do to severe this last tie with her? I would love to get a restraining order against her, but I've heard that that is difficult to do.

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

Basically, she is contracted to send my money for half the medical insurance (she's on my plan) but she hasn't done so and continues to argue. Talking to her goes from stalking, rants, being nice and inviting me over, and random threats.

Can I drop her from my insurance if she is not paying her half? Could I argue that I could not afford it without being paid?

Is there anything I can do to severe this last tie with her? I would love to get a restraining order against her, but I've heard that that is difficult to do.

Thanks

Generally, you are not supposed to drop a spouse from your insurance until the divorce is final. Otherwise it can come back to bite you in the behind.

 

[ajkroy]

Generally, you are not supposed to drop a spouse from your insurance until the divorce is final. Otherwise it can come back to bite you in the behind.

...and it is most likely the divorce that creates the qualifying event that allows the change in the first place.

 

[Ladyback1]

...and it is most likely the divorce that creates the qualifying event that allows the change in the first place.

Some companies do view a legal separation as a qualifying event.

 

[ecmst12]

But it can only be done within 30 days of a qualifying event or at open enrollment.

 

[LdiJ]

Even if separation is a qualifying event, it would be a fool thing to do before the divorce is final. Yeah, someone might save a little bit a month during the period that the divorce is pending, but how much are they going to be on the hook for, in a community property state no less, if some major medical crisis happens before the divorce is final?

 

[Bali Hai]

Even if separation is a qualifying event, it would be a fool thing to do before the divorce is final. Yeah, someone might save a little bit a month during the period that the divorce is pending, but how much are they going to be on the hook for, in a community property state no less, if some major medical crisis happens before the divorce is final?

Yeah, there is a landslide of hypochondria during a divorce. And the judges usually buy it.

 

[Crow1]

No no, the divorce is final, has been for over a year. I, foolishly, agreed to leave her on my insurance for a couple of years as long as she paid me (it's in our decree). She isn't paying me, giving me a changing stories each time, but, in the end, not paying.

I'd like to drop her (and my insurance says you can drop someone at any time, just adding them is special) from my insurance to break ties with her, as she is doing her best to disrupt my life. There are no kids, no other ties between us.

Could I drop her, arguing that I'm hurting on money (which I am), and she is not keeping her part of the decree on the matter (paying me).

 

[cbg]

If there is no court order saying that you must cover her, and if your insurance carrier is willing to allow you to do so, then you may.

If there is a court order saying that you must cover her, or if your insurance carrier says you must wait for a qualifying event or an open enrollment period, then you may not.

It really is that simple.

 

[Crow1]

Ok. I was hoping there would be a "if she doesn't pay as decreed, then I don't have to cover her as decreed." If only life were that simple!

 

[Crow1]

Edgier question: what would be the possible penalties of not covering her? Court order to re-establish the insurance coverage?

 

[cbg]

Her not following the court order to pay half does not let you off the court order to provide coverage in the first place. You don't want to go there. Being ordered to restore the coverage you were court-ordered to supply is the least of the possibilities, which also include fines and jail time.

Your recourse is not to violate the court order that is on you, but to file contempt charges because she is not honoring the court order that is on her