Medical coverage

[roadblocks]

What is the name of your state (only U.S. law)? Westchester, New York

My wife removed me from her medical insurance through work without notifying me as of 12/21/08. I found out through a letter I received last week regarding COBRA coverage. We are not divorced yet. Can she do this? I have already had a few doctor's appts this year, and I am on medication that I cannot afford to pay for out of pocket. I thought insurance cannot be cancelled for a spouse without showing a divorce decree.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Westchester, New York

My wife removed me from her medical insurance through work without notifying me as of 12/21/08. I found out through a letter I received last week regarding COBRA coverage. We are not divorced yet. Can she do this? I have already had a few doctor's appts this year, and I am on medication that I cannot afford to pay for out of pocket. I thought insurance cannot be cancelled for a spouse without showing a divorce decree.

Typically, she would not be able to do that, although you should read the documents the court provided you to be sure. It's possible that a judge could have OK'd it if she had convinced him that you had insurance on your own.

Assuming that there's nothing in the documents allowing it, file for contempt to force her to have it reinstated - or pay for your COBRA coverage (plus your legal expenses).

 

[roadblocks]

There was definetly not a court order from the judge allowing this, we have been in court for over a year (she is stalling) to get this divorce over with. She is being spiteful, the judge is aware I am covered under her insurance for the past 10 years. I cannot afford the COBRA and I am on regular medication and have had a few doctor appts already this year, which I am sure I will be charged for.

 

[LdiJ]

There was definetly not a court order from the judge allowing this, we have been in court for over a year (she is stalling) to get this divorce over with. She is being spiteful, the judge is aware I am covered under her insurance for the past 10 years. I cannot afford the COBRA and I am on regular medication and have had a few doctor appts already this year, which I am sure I will be charged for.

You really need to be asking your questions all on the same thread. In your other thread you expressed frustration that the divorce wasn't already final. What are your plans for medical coverage once the divorce is final?

 

[roadblocks]

In approximately 3 months, I will becoming a consultant (sole proprietor), and at that time, I will purchase self insurance.

 

[mistoffolees]

In approximately 3 months, I will becoming a consultant (sole proprietor), and at that time, I will purchase self insurance.

From a practical matter, you may need to do so earlier (it's probably much cheaper than COBRA) and then ask for her to pay the insurance for those months. You can (and possibly should) ask the court to hold her in contempt and have you added back to her policy, but insurance companies don't like to re-add people to groups after they've been dropped. It may take more than 3 months to get a decision on that, anyway.

 

[roadblocks]

There is no asking her to do anything. She didn't even cancel me through he employer, she did it on the insurance website. Now "I" have to prove she can't do so? Why was she not obligated to present a divorce decree? I cannot purchase this is of now, I do not have the money. I will not until I become a consultant, and at that time I will have more, financially, even then, I will have to wait a month or so to get my finances in order.
Question.. Being held in contempt, what does that really mean anyway, she has been held in contempt for not showing up 4 times so far for court and nothing has been done about it. Her excuse is that she can't take off from work. Funny how she takes other days off all the time, but when for court, it is just not possible.

 

[LdiJ]

There is no asking her to do anything. She didn't even cancel me through he employer, she did it on the insurance website. Now "I" have to prove she can't do so? Why was she not obligated to present a divorce decree? I cannot purchase this is of now, I do not have the money. I will not until I become a consultant, and at that time I will have more, financially, even then, I will have to wait a month or so to get my finances in order.
Question.. Being held in contempt, what does that really mean anyway, she has been held in contempt for not showing up 4 times so far for court and nothing has been done about it. Her excuse is that she can't take off from work. Funny how she takes other days off all the time, but when for court, it is just not possible.

The fact of the matter is that she cancelled your insurance and there is no way to get it reinstated quickly. What she did was legally wrong, and she should suffer consequences for that, but that isn't going to get you covered quickly.

Therefore either you go without coverage, or you get yourself covered and get the judge to make her pay for it, one way or another.

Why can't you get coverage through your current employer, and why do you not already have coverage through your current employer?

 

[roadblocks]

She has always covered the medical insurance, for over 10 years now, better coverage, comes with dental.

My employer is hesitant to add me knowing I will be becoming a consultant shortly and will no longer be eligible for it.

 

[mistoffolees]

She has always covered the medical insurance, for over 10 years now, better coverage, comes with dental.

My employer is hesitant to add me knowing I will be becoming a consultant shortly and will no longer be eligible for it.

Yes, it's unfair. Life's a ***ch some times.

I would strongly suggest that you get your own coverage. If your employer can't or won't do it, then get private coverage (which is what I would do, anyway since that's the plan for 3 months down the road, anyway).

Then file for her to be held in contempt and for her to pay your insurance.

Complaining about the situation isn't going to get you insurance. Legal action will take months - during which time you're going to be uninsured if you don't do something about it.