QUESTION
Can my husband cancel my health insurance while we are separated?
Asked on Apr 07th, 2013 on Divorce - California
More details to this question:
I am 50 years old and on disability due to major back injury problems and I also have Multiple Sclerosis. I was formerly a physical therapist but haven’t been able to work since 1999. My husband and I separated 9 months ago after 30 years of marriage due to him having an affair with another woman. Would he be able to cancel my health insurance through his employer? Neither of us has filed for legal separation or divorce. If he cancels my insurance now I won't be able to get coverage due to my existing health conditions. So can he cancel it without my knowledge? We live in Oklahoma.
6 ANSWERS
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
A preliminary injunction will be put into place once either you or your husband files for divorce. That injunction will prohibit him from canceling or making changes to insurance. Once you are divorced however, the health insurance company does not usually permit coverage of the ex-spouse.
Answered on Apr 09th, 2013 at 7:40 PM
John Arthur Smitten
No. The court will order that he maintains the status quo and keep the insurance for now.
Answered on Apr 09th, 2013 at 2:26 AM
Car Accidents Attorney serving Milwaukee, WI
at
Velez, Moreno & Vargas, LLC
Update Your Profile
If your husband is going to remove you from his health insurance and you have MS then you would better off filing for a legal separation as opposed to a divorce. By obtaining a legal separation, you can remain on your husband's health insurance even after the legal separation is granted.
Answered on Apr 08th, 2013 at 12:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would suggest that you see an attorney and most probably file an action to compel him to continue your medical coverage.
Answered on Apr 08th, 2013 at 12:49 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
He cannot cancel it if you or he have filed for divorce or legal separation, but if nothing has been filed and served, then yes, he can cancel your coverage. I recommend filing and having him served immediately to prevent a lapse in coverage.
Answered on Apr 08th, 2013 at 12:48 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
File for divorce. The automatic temporary restraining orders associated with serving him prohibit him from taking you off health insurance until divorce is over.
Answered on Apr 08th, 2013 at 12:48 PM