QUESTION
Can my sister's husband cancel her health insurance while they are separated but not divorced?
Asked on May 09th, 2013 on Divorce - Michigan
More details to this question:
My sister and her husband separated in June 2012. Neither has filed for legal separation or divorce even though they are living apart and he has a girlfriend. My sister is disabled with back problems and has been on disability and unable to work since 1998. Before that, she was a physical therapist. She is scheduled to have back surgery in June and she has MS diagnosed in 2008. She is afraid he will cancel her insurance. He has told her the only reason he hasn't filed for divorce is because he knows she needs his insurance through his employer. But then there has been times that he has threatened to cancel her insurance. She takes a special medication for the MS and it is very expensive. I don't think he can just cancel her insurance without her knowing about it or can cancel it at all. I realize if they divorce, then she would not be covered on his health insurance. So can he just take her off his insurance?
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can't cancel it unless there is a major life change, i.e. divorce.
Answered on May 14th, 2013 at 5:25 AM
She needs to file so that she has the protections of the automatic restraining orders which prevents dropping insurance coverage during the action.
Answered on May 10th, 2013 at 2:46 PM
One spouse cannot usually remove the other spouse from health insurance maintained through their employment during the pendency of a divorce. However, insurance carriers may allow changes to coverage during periods of open enrollment, and the companies may not require proof of a divorce to make the change. Your sister should have the issue addressed in a temporary order to avoid that possible problem. You are correct that once a decree is entered, your sister's health insurance will terminate. She can apply for and obtain coverage for a limited time through COBRA but that can be expensive. The increased cost of health insurance on the private market would be a factor for the court to consider in awarding alimony to your sister. Your sister may also qualify for medicaid or other insurance coverage for her condition based on her disability.
Answered on May 10th, 2013 at 2:24 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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In Nevada, her husband would be foolish to cancel her insurance coverage still he would still be liable for any medical expenses while the two of them are married.
Answered on May 10th, 2013 at 2:21 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No.
Answered on May 10th, 2013 at 2:14 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Many jurisdictions have "standing orders" that take effect when a divorce case is filed and most of them prohibit the parties from changing any insurance coverage unless the court orders it done. I suggest hiring a lawyer.
Answered on May 10th, 2013 at 2:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would be very foolish for them to cancel the insurance as the medical costs which would be incurred on your sister's behalf will become part of the marital debts and obligations. Sadly without filing for divorce or separate maintenance there is no means to force him to continue the insurance coverage, and you are correct that upon the entry of a divorce or decree for separate maintenance your sister will no longer be eligible for his employer based medical insurance coverage. Your sister should engage in attorney to determine her best course of action.
Answered on May 10th, 2013 at 1:59 PM