QUESTION
Can I legally removed my ex husband at this point on my health insurance?
Asked on Feb 27th, 2013 on Divorce - California
More details to this question:
It's been 4 years since my divorce and my ex-husband is still on my health insurance through a court order, because he didn't have any coverage. He is living with his girlfriend now in our old house which he still hasn't bought me out of yet. Can I legally have him removed at this point? My daughter is covered through me. I feel as if it is unfair that I still have to him. He just started paying $100 per month for child support but she is 16 years old now, so I just save it for her car. I really feel used at this point. What can I legally do?
6 ANSWERS
Family Law Attorney serving Rogers, AR
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Wright, Lindsey & Jennings LLP
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Once a divorce is final, typically one can use the decree of divorce to remove a former spouse from a group health insurance. Typically, employer-related health insurance coverage would NOT extend to someone who is not a dependent (ex-spouse). There are occasions when a decree of divorce may obligate a former spouse to pay for private health insurance or to assist the former spouse in obtaining COBRA coverage, but typically the former spouse would not be eligible for the identical coverage the former spouse enjoyed while married to you.
Answered on Mar 04th, 2013 at 1:51 PM
John Arthur Smitten
You have to comply with the order of the court. If there is no provision for this then yes.
Answered on Mar 01st, 2013 at 8:22 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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I agree that this is unfair to you and it is also uncommon for a judge to make this type of ruling. You should contact a local family law attorney to attempt to modify the previous court order.
Answered on Mar 01st, 2013 at 7:48 PM
You probably need to file for a modification of your order before you can unilaterally terminate his insurance.
Answered on Mar 01st, 2013 at 4:03 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is highly unusual that your health insurance plan would have permitted your husband to remain covered after the divorce, no matter what the divorce court order said. But, if that is actually what the court order requires, you must comply with the court order as long as the insurance plan will allow it or go back to court and have the requirement changed. You cannot drop him on your own.
Answered on Mar 01st, 2013 at 4:02 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File a motion to change the order. Typically health insurance companies do not allow ex spouses to be covered.
Answered on Mar 01st, 2013 at 4:02 PM