Dropped from health insurance

[gertrude745]

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

I filed for divorce in March of 2009 and served him with the papers in May of 2009. Nothing is final yet.

I found out last week (March of 2010) that he dropped me from the health insurance coverage in April of 2009 without my knowledge or concent now because of the length of time, I have to wait until open enrollment to get coverage through my employeer which isn't until October. Until then I will have to get my own at a much higher cost each month than through my employeer.

Can he do that? What recourse do I have?

Thank you

 

[mistoffolees]

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

I filed for divorce in March of 2009 and served him with the papers in May of 2009. Nothing is final yet.

I found out last week (March of 2010) that he dropped me from the health insurance coverage in April of 2009 without my knowledge or concent now because of the length of time, I have to wait until open enrollment to get coverage through my employeer which isn't until October. Until then I will have to get my own at a much higher cost each month than through my employeer.

Can he do that? What recourse do I have?

Thank you

He can not legally do that. You could file for him to be held in contempt.

If you do so (and assuming you win), you could collect the excess amounts you'd have to pay due to his canceling your policy. However, you have to make reasonable efforts to minimize the cost. Talk with your attorney. Your attorney might, for example, first contact his employer to see if it is possible to have you put back on. He might then have you sign up for a separate policy if the employer won't/can't add you back. Or your attorney might serve your husband with notice that HE is required to obtain the insurance since it was his malfeasance which caused the coverage to be dropped.

 

[cbg]

I'm going to qualify the previous post with a couple of questions.

1.) Was he ordered by the court to continue to cover you?

2.) Was it his company's open enrollment period when he dropped you?

 

[gertrude745]

Thank you for the information.

Is there any issue because he dropped me between the time that I filed and the time he was served?

I'm representing myself because I can not afford an attorney.

 

[gertrude745]

There is no court order yet, just the standard order from when you file saying that you can't make any changes or sell any property.

Even if it was open enrollment, because we are in the process could he still just go ahead and drop me without my knowledge or consent?

I only found out because I tried to go to the eye doctor and they told me I didn't have coverage.

 

[cbg]

I'd like to reiterate:

If he was not under an order by the court that he MUST provide you with coverage, then he could legally drop you from the plan AS LONG AS he did it within the regulations of the specific plan.

So, I ask again.

Was he under an order by the court to provide you with coverage?

 

[mistoffolees]

I'd like to reiterate:

If he was not under an order by the court that he MUST provide you with coverage, then he could legally drop you from the plan AS LONG AS he did it within the regulations of the specific plan.

So, I ask again.

Was he under an order by the court to provide you with coverage?

You're missing the point. When you file for divorce, there are default orders that automatically go into place. One of those default orders typically forbids cancellation of insurance.

The only gray area here is that he did it before he was served. One of the more senior people would have to answer, but the more relevant question is probably whether he knew she was filing for divorce before he canceled it - even though he hadn't been served yet.

 

[Ohiogal]

You're missing the point. When you file for divorce, there are default orders that automatically go into place. One of those default orders typically forbids cancellation of insurance.

The only gray area here is that he did it before he was served. One of the more senior people would have to answer, but the more relevant question is probably whether he knew she was filing for divorce before he canceled it - even though he hadn't been served yet.

You are missing the point that he was NOT served with the papers before he dropped her. She could try to file for contempt but if he hadn't been served he may not be held to the order as he was not "aware" of it.

 

[gertrude745]

He did know I was filing for divorce. He kept asking me to go ahead and file because he couldn't afford to.

 

[mistoffolees]

He did know I was filing for divorce. He kept asking me to go ahead and file because he couldn't afford to.

The problem is, as Ohiogal pointed out, that you'd have to prove that he knew you had already filed. Even if you could prove that, I'm not sure you'd be able to get him for contempt. You may be stuck.

 

[cheesecake46580]

Mine did that as well. I picked up cobra you should have 6 months to do so the employer should have send you the paperwork on it.

 

[cbg]

It's not even close to six months. The employer has up to 44 days to send out information about COBRA - WHEN it is required.

The reason I asked whether he dropped the poster during open enrollment is that it makes a difference. If he dropped her as a QE based on the divorce or separation, then yes, the employer should have sent information about COBRA. But if he did it as part of open enrollment, then sending COBRA information is not automatic.

 

[cheesecake46580]

I had to request that my ex's employer do it. It was not cheap but I am disabled and could not go with out coverage until my medicare kicked in.