What is the name of your state (only U.S. law)? We both live in North Carolina. My husband left me in November to pursue another woman. He is threatening me to cancel my health/dental insurance as of Jan. 2010, he now has to pay for it. He is demanding I lie about our seperation date and give him $3,000 and he will NOT cancel my insurance. Can he legally cancel my health insurance?What is the name of your state (only U.S. law)?
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- Thread starter debbienc3
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Proserpina
Senior Member
Nope.
Go and file for divorce. He cannot arbitrarily cancel your health insurance - don't let him blackmail you.
mistoffolees
Senior Member
Well, technically, he CAN do that, but any medical expenses would be marital and he'd be liable for half of any expenses that occurred.
Now, once someone has filed for divorce, he will not be allowed to cancel insurance and if he does, he could face contempt charges as well as paying for any accrued medical expenses. Therefore, she needs to file for divorce to at least buy some time on the insurance matter.
However, I think OP needs to be thinking about it another way. Since their marriage is going to be ending, she will need to become self-sufficient, so she needs to be looking for a job so she can afford her OWN insurance.
mistoffolees
Senior Member
Right, but in most states (I'm not sure about NC - OP will have to look it up), as soon as you file for divorce, default orders to into effect. One of the default orders usually says that you can't cancel insurance without the court's permission. This prohibition would be in effect until the divorce is finalized.
You are correct that if she wants him to pay some or all of her insurance AFTER the divorce is final that she would need to request support. That's not what I was referring to-it's an entirely separate matter, but if they've been married long enough, it's worth considering.
Proserpina
Senior Member
You're absolutely correct of course - I wasn't anywhere near as clear as I should've been!
In North Carolina you can't file for a divorce until you have been seperated for 1 year!!!! I was told from someone in Mo. and Ca. that it is illegal for a spouse to cancel insurance coverage if they previously carried it on you. Until of course after a year when divorce is granted. I was also told that if he does cancel the insurance that he will be responsible for 100% of my medical bills since he cancelled my insurance. We were married 4 1/2 yrs. We do have a prenup that states he will provide medical/dental insurance on me until I remarry. Of course husband also claims he can dispute the prenup!! He is FULL of idle threats. I just want to know my LEGAL rights. Thanks all!!!
Hisbabygirl77
Senior Member
So if you never remarry he would have to pay for health insurance until you passed away? I would contest that as well. Guess what? He will probably when that lil battle.
mistoffolees
Senior Member
What someone in MO or CA tells you is irrelevant. Everything involved would be covered by state law.
Prenups can be challenged - but until he challenges it, he would violate it at his own risk.
You really should consult with a local attorney.
cbg
I'm a Northern Girl
If this insurance is through his employer, there is a FEDERAL law that applies here.
Under FEDERAL law, there are only two times when insurance can be added to, subtracted from, or changed. One is during the company open enrollment; the other is within 30 days of a qualifying event. A divorce is a qualifying event. A separation may or may not be - it would depend on how the specific policy is worded.
Open enrollment can be any time of year, but for probably 50% of employers nationwide it is sometime in the fall for an effective date of January 1. For probably 4/5ths of the remainder, it is sometime in the spring for a July 1 effective date. For the balance it can be about any time.
Whether there is or is not a law in NC that prohibits him from dropping you until a divorce is final, I don't know. I doubt it. And nothing that MO or CA law says is valid in NC anyway.
But ALL states are subject to Federal law. And under Federal law, he can't just up and drop you any old time - it has to be either open enrollment or a QE as defined by the specific policy (divorce is always a QE).
Under FEDERAL law, there are only two times when insurance can be added to, subtracted from, or changed. One is during the company open enrollment; the other is within 30 days of a qualifying event. A divorce is a qualifying event. A separation may or may not be - it would depend on how the specific policy is worded.
Open enrollment can be any time of year, but for probably 50% of employers nationwide it is sometime in the fall for an effective date of January 1. For probably 4/5ths of the remainder, it is sometime in the spring for a July 1 effective date. For the balance it can be about any time.
Whether there is or is not a law in NC that prohibits him from dropping you until a divorce is final, I don't know. I doubt it. And nothing that MO or CA law says is valid in NC anyway.
But ALL states are subject to Federal law. And under Federal law, he can't just up and drop you any old time - it has to be either open enrollment or a QE as defined by the specific policy (divorce is always a QE).
OP, don't start multiple threads about the same situation. Here is what i posted in your OTHER thread which will now be deleted as duplicate:
He can only take you off his policy during open enrollment or within 30 days of a qualifying event. A divorce is a qualifying event. A separation is not (at least not usually, if CBG says it can be, I'd believe her). So unless he did it during the last open enrollment (most places it's in october or november), he won't be able to do it until next OE or after the divorce is finalized.
However, no law prevents him from removing you during open enrollment. If he DID do this, or does it next year, that's a qualifying event for you to pick up coverage from your own employer (if available).
He can only take you off his policy during open enrollment or within 30 days of a qualifying event. A divorce is a qualifying event. A separation is not (at least not usually, if CBG says it can be, I'd believe her). So unless he did it during the last open enrollment (most places it's in october or november), he won't be able to do it until next OE or after the divorce is finalized.
However, no law prevents him from removing you during open enrollment. If he DID do this, or does it next year, that's a qualifying event for you to pick up coverage from your own employer (if available).
Ohiogal
Queen Bee
Did you disclose all of the premarital money that you had as well as other separate property in the prenup? there should have been an accounting of all moneys and property for BOTH PARTIES attached to the prenup at the signing of the prenup. If not then you will have issues. Either the condo is going to be marital property OR the prenup will be void or both.
In NC, there are no default orders made when the divorce is filed, or if there are, it's not a state-wide policy by statute or court rules, it would be based on the county local rules. (I have obtained a divorce in NC, so I'm familiar with the process, at least in Durham County & Wake County.)
If OP wants a court order preventing cancellation of insurance during open enrollment (regardless of county), it requires a filing, which would most likely be for post-separation support.
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