husband lists ex as current spouse on health insurance

[panther2009]

What is the name of your state (only U.S. law)? oregon-My husband is retired army and recieves tricare for life for himself and his family. His divorce from ex wife became final Aug.2004-she was susposed to get her own health coverage when divorce became final. My husband and I became married in may 2006. He still has ex wife listed on health insurance as current spouse-he never reported their divorce, and refuses to take her off and can't add me as wife slot is taken-is this cool on his part? What can be done?

[cbg]

This is entirely a matter between you, your husband and the insurance carrier. There is nothing in the law prohibiting an employer from covering a former spouse, and depending on how the software is set up it may have to be set up as "current".

[panther2009]

Ok-I appreciate any info-however from what husband says former spouses coverage was supposed to end when divorce became final-I realize former spouses can sometimes be covered,but he is telling them he is still married to her-

[NotClueless]

This is your third thread about the scum bag. Suggestion here: might want to consider that you shouldn't be married to the con artist.

[panther2009]

I'm sorry if I offended enyone,I'm just trying to figure out where I stand,and what to do, and the best way to do it- I am planing to leave,but things are so convoluted-since threre's fraud involved do I divorce or get an anulment?

[NotClueless]

A divorce would be quicker.

No offense ... but it apparent that the fella doesn't have stellar behavior. Also, you can always send a copy of the divorce papers to the insurance office. They might be interested.

[ecmst12]

Any fraud between your husband and his insurance company is immaterial to your marriage.

[momm2500]

did you realize that he is more faithful to the x than to you? if you are his current spouse, make a copy of the marriage certificate and send it to the insurance company and anyone else that needs to be made aware that the x should not be on the policy!

[mommyof4]

Sorry, but after reading the other threads, I'm questioning if they are even legally married. What proof do you have, OP, that he is actually divorced? Better be thinking of any name you can ever remember hearing in association with him.

[cbg]

Okay, here's the deal.

There is NO law that is going to force him to remove his ex-wife from his health insurance and put you on instead. None. Zip. Nada. This is not a legal issue.

What we do not know, and therefore cannot respond to, is whether the divorce decree said he NEEDN'T cover her after the divorce was final, or if he COULD NOT cover her after the divorce was final.

If it PROHIBITED him from covering her after the divorce was final, then maybe, just maybe, the insurance company might have a legal claim against him. You would not.

If it simply provided him with an option of dropping her from the coverage, then it's his choice whether to do so or not, and unless the insurance company themselves prohibit covering ex-spouses, which is quite unlikely since that is frequently required by court order, it's ENTIRELY his choice whether to do so or not.

If you are bound and determined to force him to remove her from the policy, then you and your lawyer are going to have to take it on. There is neither statute nor case law that is going to force him to agree.

[panther2009]

The coverage pertains to his being retired army-there is a 20/20/20 rule which determines if ex spouse can be covered. His ex meets none of these requirements-she was prohibited from being covered following divorce becoming final-and it was not court ordered that she be covered. My husband has said she is not supposed to be covered. I asked if he could add me with out bumping her-he said no, because in doing that he would be saying he has two wives, and that would look weird.
I'm not interested in pushing the issue any more-but I'v been upset because he is leaving me uncovered while choosing to cover her. Also he has done the joint tax thing with her following divorce as well as car insurance-telling them he and ex are currently married while activly telling me not to say I'm his wife, Before I even found out about car insurance he had body work on car done and insurance paid for a rental for a month-I was waiting outside for him when he went to pick up his car because I had to drive rental car back and he freaked out when I walked into office-he kept saying to people in body shop-"this is my friend she's going to drive rental car back" he was mad I'd gone inside. When I asked about it he said he was affraid I'd mention I was his wife-again he didn't want the two wife thing. This type of stuff is why I'm upset. If he wants to tell people she's his wife why did he even divorce her?

[cbg]

Darned if I know. But as I have been saying all along, this is not a legal issue. It's between the two of you.