Can my ex's new girlfriend put my child on her insurance?

[TJNJmom]

What is the name of your state New Jersey

Ok so this is a bit confusing. A year ago my childs father and I split up only for me to find out that he had another woman pregnant. Fast forward now they have a baby together and are living together. I asked him to help with medical insurance and he said he put my daughter on his insurance. I recieved the cards in the mail today and see that the subscriber for the insurance is his girlfriend. He is listed, then their child, and lastly my child. I am not sure at this point if they are married...but questioning if they are NOT in fact married can she legally put my child under her insurance?
My daughter has no visitation with them at all and has never met this woman yet she is covering her. My concern really is that he will do to this girl what he did to me and then my daughter is out of insurance. So is this in fact legal? I called the insurance company asking general questions but they wouldn't even give me that.
Any help with this would be great as my attorney handles family law and doesn't really know how this works with insurance.

[ecmst12]

That really depends on how her policy is written, but it's very likely that it's completely allowed.

[TJNJmom]

I have tried to look up laws about this and found nothing about it. When I called the insurance company I just asked their policies with relationships of subscribers and dependants and they told me that they put their trust in the employer and do what they say which I found to be ridiculous. I am not sure how she even filled out the form when she put my daughter on her insurance and that was really what I wanted to know, if it was legal for someone to put a non dependant child that is not living with them and has no relation to them on their insurance and they had no answers to this...

[ecmst12]

I answered you once, why are you asking again? This is not addressed in any law. This is a matter of how the policy is written. I originally thought she lived with them, but even if not, there is nothing ILLEGAL about what they are doing. It may or may not be against the policy, but that should not be your concern. I understand you may be worried that if they are violating the policy, then coverage might be pulled, but you just don't have standing to intervene here. You can't well call HER employer and start asking questions. Just be thankful she has coverage.

[cbg]

Okay, let me try.

The law does not say that she CAN put the child on her insurance.

The law does not say that she CANNOT put the child on her insurance.

THE LAW DOES NOT TELL PEOPLE WHO CAN AND CANNOT BE PUT ON THEIR INSURANCE. That is why you cannot find any laws about it: There ARE NO laws about it.

The law does not care.

The insurance policy, on the other hand, does.

If the insurance policy allows it, then she can put the child on her insurance.

If the insurance policy does not allow it, then she cannot put the child on her insurance.

Is that simple enough for you?

[TJNJmom]

Well thank you for the answers I was concerned that there was something illegal about what was being done because I was unaware if it was or wasn't legal but now that you have spelled it out for me I am aware...but there was no need to get frustrated with me as these forums are here to help people who do not have the knowledge

[cbg]

We got frustrated when we gave you the answer and you still argued.

[20pilot]

With all due respect to the gray beards who have posted above, I would disagree:

If he is on the insurance, then his dependent daughter can be on the insurance too (subject to their paying the premiums for the number of dependents).

However, I have my doubts that his girlfriend can put him on her insurance. Most insurances do not allow non-married spouses to be included. Do do know if she is his girlfriend or if they have gotten legally married?

If they are not married and the insurance company does not allow non-married spouses, she may have lied and told the insurance company that they are married to get him on the insurance. That is insurance fraud and is a crime. If that is what is going on, they can most probably get away with it till something goes wrong.

Things going wrong includes: Someone develops a serious medical condition and the insurance company is looking at a huge bills (6 or 7 figure bills) they may decide to investigate. Someone is pissed off and rats them out (her ex, a co-worker....). If that happens, I doubt you will have any criminal liability, but you may find that your daughter has no insurance. Worst case is that it happens at a time when she is facing huge medical bills.

[cbg]

Most insurances do not allow non-married spouses to be included.

That's where you're wrong. More and more insurances are providing coverage for domestic partners of both same and opposite sex. My employer does. My last employer does. Most employers in my state do. In fact, it's becoming fairly common. Most places will require an affidavit of long-lasting partnership to prevent the girlfriend/boyfriend of the week from being added, then subtracted, ad infinitum, but it's by no means unusual for a committed but unmarried partnership to be permitted.

And just so you know that I'm not talking through my hat, I've been administering employer-sponsored group policies for 30 years in multiple states. I know whereof I speak.

[20pilot]

Originally Posted by cbg

That's where you're wrong. More and more insurances are providing coverage for domestic partners of both same and opposite sex..... And just so you know that I'm not talking through my hat, I've been administering employer-sponsored group policies for 30 years in multiple states. I know whereof I speak.

I believe your basic premise. Where we disagree is whether it is happening in "some" or "many" or "most" cases. I do not have acess to studies or data to scientifically prove which is the case so I am going from my own life experience.

I know that my current insurance does not provide it. I know that none of my past insurances have provided it. I know one friend that made a huge stink about it at a major national company last year and their answer was that they would consider it when it became the norm. As an example, they cited when they had historically started offering coverage for psychiatric and chiropractic care and paying for prescriptions of BCP and Viagra.

That said, the answer to the some/many/most question is not relevant. The only thing that is relevant is if the OP's ex's girlfriend's company allows it and if so, is the "new" girlfriend old enough to have him on the insurance (old as in "non-new" and not in a chronological sense).

[ecmst12]

For all OP knows, the ex could have actually married this girl and then everything else is irrelevent. IF they are not married, then the answer to the question still remains, MAYBE the policy allows this and maybe it doesn't, and no one here has enough information to find out for sure. All the speculation and guessing in the world won't change that.

[cbg]

The OP's question was, is it permitted by law. The answer is, the law neither grants nor denies permission - the answer is in the policy. At no time did either ecmst12 or I try to interpret whether the ex's policy does or does not permit it - simply that it will depend on the wording of the policy.

Your initial post, 20pilot, more or less said no, it's not permitted because policies never allow unmarried dependent "spouse". Which is incorrect - many do.

I did not, and ecmst12 did not, say that the OP's ex's policy did or didn't. Simply that this is what it depends on.

If you're going to argue with us, at least argue on the points we're making and not on what you think we said because you didn't read carefully enough.

[AHA]

Discuss it with the girlfriend, and ask her what she put on the form.