Eliminating family medical coverage separation

amn70 said:

What is the name of your state? NY

My friend is going through a divorce battle. They did not legally separate but he moved out. He and his lawyer have been trying to work out a divorce agreement with his wife and after to revisions to the agreement she she verbally agreed to the most recent one but keeps dragging her feet on coming in to actually sign the papers. Its been 2 months since she verbally agreed . She never hired a lawyer for herself. They have no children together but she has 3 children from other fathers.

Since he moved out at the end of last year he has kept his family medical plan with his employer active as a courtesy but she is taking advantage of things by not signing. Can he legally remove her and the kids from his medical plan, basically switch to single plan while they are still officially married? Every week she drags her feet it cost him and extra $100 a week to keep the family plan and he wants to stop the bleeding. What are the legal ramifications of him cutting off her and her children from the medical before the divorce is finalized? His lawyer has not been clear on that.

Thanks in advance,
Adam

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Ohiogal said:

No he cannot do that while going through a divorce. The legal ramifications is he becomes ENTIRELY WHOLLY responsible for ALL medical costs incurred after he pulls something like that.

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LdiJ said:

I agree, that would be a huge mistake that could end up putting him in bankruptcy if something medically serious happens.

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nextwife said:

Actually, he has NO legal obligation to keep providing coverage for the kids she has with a different man. He should send her thirty or sixty day notice that he will be discontinuing coverage on the kids.

Maybe the potential liability of HER kids not being covered will get her off her duff and working so she can provide her own kids with coverage instead of depending upon her STBX who is not even their father. Or let mom offer to pay STBX her kids share of the cost to keep them covered. they aren't HIS responsibility, they are HERS.

He needs to keep her on the plan for now.

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Bali Hai said:

Well that's the way it SHOULD be of course, unless some jackass NY judge has the discretionary power to rule that the husband is obligated to pay for someone else's kids.

You know, like when a woman has a kid with another man outside the marriage and the court rules that the biological father doesn't have to pay CS, but the duped husband does!!

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