Wife cancelled my health insurance during divorce talks

[bbinnys]

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

My wife cancelled my health insurance during divorce talks (after I received her summons regarding the divorce action). This makes me ineligible for COBRA.

Do I have any recourse?What is the name of your state (only U.S. law)?

 

[mistoffolees]

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

My wife cancelled my health insurance during divorce talks (after I received her summons regarding the divorce action). This makes me ineligible for COBRA.

Do I have any recourse?What is the name of your state (only U.S. law)?

You can ask the judge to hold her responsible for any uninsured medical expenses. You won't necessarily get it, but it's worth asking. More likely, you'll ask the judge to have her reimburse you for the difference between COBRA and private insurance for some limited period of time.

HOWEVER, before you get too worked up, check around. I found insurance with a major insurance company for my daughter and myself for about 1/3 of what COBRA would have cost me.

 

[Bali Hai]

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

My wife cancelled my health insurance during divorce talks (after I received her summons regarding the divorce action). This makes me ineligible for COBRA.

Do I have any recourse?What is the name of your state (only U.S. law)?

There is a senior poster here who would have responded and given you advice if you were a woman.

I have seen other posts from them where if someone cancels health insurance during divorce proceedings, this is a big no no and could result in your stbx wife to be liable for thousands of dollars as well as affecting the property settlement heavily in you favor.

I would not hesitate to raise a big stink about this with the judge.

BTW the senior members handle begins with "L".

 

[LdiJ]

There is a senior poster here who would have responded and given you advice if you were a woman.

I have seen other posts from them where if someone cancels health insurance during divorce proceedings, this is a big no no and could result in your stbx wife to be liable for thousands of dollars as well as affecting the property settlement heavily in you favor.

I would not hesitate to raise a big stink about this with the judge.

BTW the senior members handle begins with "L".

Bali, I did not answer this particular post because the deed has already been done, and the probability of the employer allowing the insurance to be reinstated aren't strong, unless the timing happens to coincide with an open enrollment period.

I felt like mistoffeles gave the best advice in that circumstance.

 

[bbinnys]

Ldij, my wife was able to add me at any time, and many insurance plans have open enrollment at this time of year, so I am pretty sure that it is reversible.

Is this a violation of law for which I have some direct recourse? Or is it just a bad faith action that a judge will not like?

Should I do something about it now? Or is it something to bring up when I am in front of the judge in the future?

Thanks.

bbinnys

 

[Ohiogal]

Bali, I did not answer this particular post because the deed has already been done, and the probability of the employer allowing the insurance to be reinstated aren't strong, unless the timing happens to coincide with an open enrollment period.

I felt like mistoffeles gave the best advice in that circumstance.

Actually if wife is COURT ORDERED to add someone to insurance that would be considered a change in circumstance that can allow him to be re-added. He needs to petition the court for an immediate order to be re-instated on the insurance.

 

[cbg]

I"m still trying to figure out why this makes you ineligible for COBRA.

 

[mistoffolees]

Ldij, my wife was able to add me at any time, and many insurance plans have open enrollment at this time of year, so I am pretty sure that it is reversible.

Is this a violation of law for which I have some direct recourse? Or is it just a bad faith action that a judge will not like?

Should I do something about it now? Or is it something to bring up when I am in front of the judge in the future?

Thanks.

bbinnys

In general, when someone files for divorce, there is a set of default orders that apply to everyone. The judge doesn't have to enter them, they apply automatically. This set of orders normally precludes dropping someone from insurance until ordered by the court.

Even in cases where there is no such order, the judge will be very upset to see one party attempting to punish the other that way.

As for timing, it's a question of whether you need insurance or not. If you need insurance, you need to get in front of a judge ASAP to get an order in place. If you don't need insurance, then deal with it in the course of other things.

 

[bbinnys]

cbg, it is not a "qualifying event" for COBRA.

A finalized divorce IS a qualifying event. But my wife's terminating me is not.

I have pre-existing conditions so it is unclear whether I will be able to buy insurance at any price.

This is just the most recent of several nasty but, apparently, legal steps that my wife and her lawyer have taken. It is unprovoked and does not appear to have any purpose. Clearly the lawyer is hostile -- not sure about my wife (we have not spoken in several months).

The lawyer that I hired during the separation talks was useless... in retrospect he missed some important opportunities early on in the process. I would like to hire a lawyer for the divorce but I want one who knows how to handle my wife's absurdly hostile lawyer (and is willing to do so).

Is this the right place to ask for referrals? If not, where can I go? The Bar does not help with finding the right lawyer for the job.

 

[bbinnys]

when someone files for divorce, there is a set of default orders that apply to everyone. The judge doesn't have to enter them, they apply automatically. This set of orders normally precludes dropping someone from insurance until ordered by the court.

Perfect! That is exactly what I needed to know.

Next Step: Where can I find those default orders for New York State? Or an attorney who knows them?

As I mentioned previously, the attorney that I hired during the separation talks had no clue about your statement. He is now out of the picture.

 

[Bali Hai]

cbg, it is not a "qualifying event" for COBRA.

A finalized divorce IS a qualifying event. But my wife's terminating me is not.

I have pre-existing conditions so it is unclear whether I will be able to buy insurance at any price.

This is just the most recent of several nasty but, apparently, legal steps that my wife and her lawyer have taken. It is unprovoked and does not appear to have any purpose. Clearly the lawyer is hostile -- not sure about my wife (we have not spoken in several months).

The lawyer that I hired during the separation talks was useless... in retrospect he missed some important opportunities early on in the process. I would like to hire a lawyer for the divorce but I want one who knows how to handle my wife's absurdly hostile lawyer (and is willing to do so).

Is this the right place to ask for referrals? If not, where can I go? The Bar does not help with finding the right lawyer for the job.

After having gone through a New York divorce a numbers of years ago, I can tell you that your wife and her lawyer can be hostile, tell lies and do almost anything they wish and the judge won't do a damn thing about it.

If you step out of line just a little bit, watch out, that is just what the judge is waiting for so they can hammer you for causing "distress" to that "poor" woman.

I will be surprised if you are able to find a lawyer who is willing to represent you fairly. They don't want to get crossways with the judge.

When a man hires a divorce lawyer in New York State, he now has three adversaries. His wife and TWO attorney's!!!

BTW, I had FOUR worthless attorney's during my divorce!!

 

[bbinnys]

When a man hires a divorce lawyer in New York State, he now has three adversaries. His wife and TWO attorney's!!!

Swell.

I have been very careful to take the "high road" throughout. And this should be an easy negotiation (no children, no equitable distribution -- the only issue is the health insurance ).

The general response to my proposed agreements is some nasty action from wife and her lawyer. The proposals they have sent me uniformly give her the right to cancel immediately while having quite a bit of control over my life.

 

[Bali Hai]

Swell.

I have been very careful to take the "high road" throughout. And this should be an easy negotiation (no children, no equitable distribution -- the only issue is the health insurance ).

The general response to my proposed agreements is some nasty action from wife and her lawyer. The proposals they have sent me uniformly give her the right to cancel immediately while having quite a bit of control over my life.

Yes, there is quite a bit of saber rattling from the wife and her attorney.

This is in an attempt to piss you off so they can go running to the judge saying you are a violent person and get a restraining order, or, say you are uncooperative and paint a negative picture about you in the judge's mind.

Believe it or not, the judge will fall right into step with the uprightous poor wife and her attorney and you will be on the judge's craplist!!

Don't fall for it.

Good luck.

 

[mistoffolees]

I had FOUR worthless attorney's during my divorce!!

Or four different attorneys got stuck with a worthless client.


OP, you have to take Bali's whining with a grain of salt. He apparently wasn't satisfied with his judgment because his ex didn't wind up destitute. While there are times when the court system fails, it also works much of the time. In fact, one study I saw said that the parties were satisfied with the outcome > 90% of the time.

 

[Bali Hai]

Or four different attorneys got stuck with a worthless client.

Well, if that's the case it didn't stop them from taking the money they didn't earn!!

OP, you have to take Bali's whining with a grain of salt. He apparently wasn't satisfied with his judgment because his ex didn't wind up destitute.

And just how the hell do you purport to know why I wasn't satisfied with the railroading I received???

While there are times when the court system fails, it also works much of the time. In fact, one study I saw said that the parties were satisfied with the outcome > 90% of the time.

Just where the hell were these parties located, DISNEY WORLD???

Your constant vigorous defense of the divorce court system leads me to suspect that you're one of those one-way puss nutted judges I've exposed here.