What legal action can I take if my spouse dropped my medical insurance by lying and stating our divorce was final?
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What legal action can I take if my spouse dropped my medical insurance by lying and stating our divorce was final?
We’re separated. He has carried medical, dental, and RX coverage on myself and our kids since hes been working. I just found out that he called the insurance company recently and said our divorce was final (and gave them a date from months earlier) and they dropped me. They took his word over the phone but requested written proof within a certain period since a dependant can ONLY be dropped at open enrollment or after change in status (divorce). As of now, I am uninsured and have medical procedures coming up and have had plenty done in the last 5 months (that’s the fake divorce date). What can I do?
Asked on August 9, 2011 South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to bring this matter up to your attorney and the courts. The medical provider will probably not speak with you on the matter but if he was required to keep you covered until the divorce was final and he has reneged on that agreement or violated the court order then he can be held in contempt. Judge's do not like it when parties violate their orders. They tend to get very angry and they have great power. I would ask your attorney what viable option that he or she thinks you have with regard to this. You would have been able to obtain COBRA probably. Can you still? Should he be ordered to pay? Maybe the court can modify the asset distribution to compensate you. Something has to be done. And now. Get help. Good luck.
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