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Insurance cancelled the day we signed divorce papers.

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ANCORA_IMPARO

Junior Member
What is the name of your state? Massachusetts

My ex-husband & I signed the divorce agreement on October 17th. The order stipulated that he was to maintain medical insurance for me as long as there were no additional costs to him (there were: $50./per month). However, the order also stated that should there be additional costs, and I covered them, my ex husband was to keep me on the insurance.

After a visit to the doctor's I was informed that I was denied coverage. I discovered that the VERY DAY we signed the divorce agreement I was taken off his policy.

I filed papers with the court for contempt but, essentially was told by MY lawyer it was a waste of time. He stated the insurance company's decision over-ruled the court's order, and there was nothing we could do about it. Also, because the insurance company was located out-of-state, they were not bound to any decisions made within the state of Massachusetts. End of story.
(As a side note, I will add my lawyer did not represent me well. I lost everything but the few items I took with me when I fled 5 years earlier. In addition, this was the third time my ex canceled me off the insurance. The first time he lied about taking me off, threatening me with a lawsuit; the second time he removed me during open enrollment, but did not inform me.)

My questions are, since when do insurance companies over-rule a Court Order?
And if this CAN happen, what's the point in addressing the issue at all in the divorce agreement?
Can I do anything as far as compensation now that I have developed medical & health issues due to lack of medical supervision? (Ex was aware 3 years ago that I required exams every three months for a High-Risk condition.)

Thanks for your time & your input.
What is the name of your state?What is the name of your state?
 


JETX

Senior Member
My questions are, since when do insurance companies over-rule a Court Order?
The court has NO jurisdiction over the contractual obligations between your ex and HIS insurance company.

And if this CAN happen, what's the point in addressing the issue at all in the divorce agreement?
Because now you haul his ass into court on a motion for contempt since he DID violate the family court order.

Can I do anything as far as compensation now that I have developed medical & health issues due to lack of medical supervision? (Ex was aware 3 years ago that I required exams every three months for a High-Risk condition.)
See above.... oh, and get a GOOD attorney (who should have known all of this)!!
 

cbg

I'm a Northern Girl
A court order that requires him to provide you with insurance coverage is binding on him. It is not binding on his employer or the insurance company that provides his employer's benefit package.

If you are no longer an eligible dependent according to his employer's insurance policy, they have no legal obligation to cover you, court order or not. Yes, he would then have to find other insurance for you in order to be in compliance with the court order. But his employer and their carrier had no obligation to cover you a single day beyond your divorce.

What should have happened, however, is that you were offered COBRA. This would have given you the opportunity to remain on that policy for up to three years at your own expense. (This is a completely separate issue from the coverage ordered by the court.) Even if this did not fulfull the court requirements, and even if you opted against it, the COBRA notification would have put you on notice that your coverage had been cancelled.

I would suggest that as well as following Jetx's suggestion, you also contact the US DOL and ask if you have grounds for a complaint of COBRA violation.
 

ecmst12

Senior Member
This only happened around 6 weeks ago, there's still time for OP to get on Cobra, but you'd need to move quickly.
 

ANCORA_IMPARO

Junior Member
Thank you!

Thank you all very much for your input and advice.
I will definately be filing a complaint with the court.


~ A.I.
 

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