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Old 06-03-2009, 11:05 PM
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Join Date: Jun 2009
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Question

Spouse did not terminate my health insurance within 30-days of divorce


What is the name of your state (only U.S. law)? Alabama
I divorced in November, 2007. I had health insurance with my (ex) wife's policy (family coverage with BC/BS of Alabama. Her employer requires the employee to notify HR/Benefits of any changes in status (divorced/widowed, etc). She did not notify her HR dept until 13-months after our divorce became final.

My employer offers insurance through BC/BS of Alabama. I tried 2 different times to get Medical Coverage through my employer, but each time my request (through our HR dept) was denied because I was 'currently insured under another contract'.

I have diabetes and I am on insulin pump therapy, as I have been for over 10-yrs. I went to my regular pharmacy and presented my prescription refills and received my prescriptions and paid a co-pay commensurate with my ex-wife's policy, for 13-months.

Well, my ex decided I was NOT going to return to her nest and decided to let her HR dept know of her divorce. As of 4/2009 her employer is payroll deducting nearly $13,000. ($500./month) for repayment of meds/supplies. I feel obligated NOT TO PAY THE MONEY BACK TO HER because I could not receive insurance coverage until the policy with my ex was terminated. As soon as my coverage with my ex's employer's insurance was terminated, I was able to IMMEDIATELY be covered by BC/BS through my employer.

I have not signed any agreement with my ex, and have given her 2-$500. checks (to help her out with bills, etc.) (there is nothing on the checks except pay to the order of ___abc123____(ex wife) (at the lower left corner of the check it says: FOR: GIFT. Now I don't feel like I am legally responisble to pay her any money. They are not garnishing my wages, or threatening me with any kind of judgement. Friends recommend to med to let her take care of it because she has been an employee for over 12 years


My question is: Am I, as a single, 50-year-od single man responsible to repay my wife for the full price of each prescription I had refilled over the 13-month time frame?

Thanking you in advance,

Shortie63What is the name of your state (only U.S. law)?
  #2  
Old 06-04-2009, 07:43 AM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,743
I see no reason you'd be obligated to repay her. But she may take you to court for it, so it may end up for a judge to decide.
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