Health Insurance DURING Divorce - NOT Finalized

[HeartbrokenX5]

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

New York

Hi!

While I know that my STBX cannot take me off of his health insurance prior to the divorce being finalized, here is what is going on.

Found out on 3/4, a/o March 1st, per CS at insurance company, policy was canceled (Rep seemed to think the EMPLOYER dropped it). I emailed my attorney that day and let him know.

It is now 4/10 and I still don't know what it is! However, in recent court documents, my STBX states that he carries full family coverage through his employer with a new insurance co.(not named). STBX's attorney will not return my attorney's calls regarding this.

Is there any other way to get this information and is my STBX responsible for all of my out of pocket medical expenses incurred due to this?

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

 

[mistoffolees]

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

New York

Hi!

While I know that my STBX cannot take me off of his health insurance prior to the divorce being finalized, here is what is going on.

Found out on 3/4, a/o March 1st, per CS at insurance company, policy was canceled (Rep seemed to think the EMPLOYER dropped it). I emailed my attorney that day and let him know.

It is now 4/10 and I still don't know what it is! However, in recent court documents, my STBX states that he carries full family coverage through his employer with a new insurance co.(not named). STBX's attorney will not return my attorney's calls regarding this.

Is there any other way to get this information and is my STBX responsible for all of my out of pocket medical expenses incurred due to this?

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

If your stbx says that he has full coverage through another policy and the change was caused by the employer moving to a new carrier, then stbx didn't do anything wrong (except for not providing you with the documentation).

Your attorney will ask for insurance documentation so that you can file your claims with the new carrier. If stbx's attorney will not return calls, then your attorney will have to file a demand in court to get the information. (With HIPAA, you may not be able to get the information directly, but depending on company policies, the spouse of an employee MIGHT be able to at least get the insurance information). However, you'd need to be careful because you can't be perceived to be interfering with stbx's employment, so you might not want to go there - ask your attorney.

it is NOT correct to say that stbx will be responsible for all out of pocket expenses. Even if the insurance was unchanged, there would be out of pocket expenses that you'd be responsible for. If stbx canceled the insurance, he might be responsible for any expenses that would have been covered under the canceled policy, but that's not the case.

You MIGHT be able to collect any difference in coverage, but that's questionable. For example, let's say the old policy had a physician co-pay of $10 and the new one is $20. If you see a physician, you would pay $10 more under the new plan. It's POSSIBLE that you could claim that amount, but not clear that you'd win it because the employer is not a party to the divorce and your stbx has no control over what plan the employer chooses. Besides, the difference is probably to small to worry about.

 

[HeartbrokenX5]

Thank you so much for your answer Mistoffolees!

I will ask my attorney to file and *I* will do nothing. I do not think my STBX (or his employer) did anything wrong. It is just that he and his attorney will not give us the info and we have requested it many times for over a month now.

Again, thank you!

 

[mistoffolees]

Thank you so much for your answer Mistoffolees!

I will ask my attorney to file and *I* will do nothing. I do not think my STBX (or his employer) did anything wrong. It is just that he and his attorney will not give us the info and we have requested it many times for over a month now.

Again, thank you!

Your example is not uncommon. Some people just clam up in the divorce process and refuse to provide ANY information to the other party. Fortunately, when you have a legitimate need for information, the courts will almost always go along.