Can my wife cancel my dental insurance without giving me notice?

Going through a divorce and wife cancelled my dental insurance. She said she only has to keep health insurance on me.

Asked on March 10, 2012 under Family Law, Georgia


Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

In Georgia, it all depends on the court.  Many courts have a standing order that prevents spouses from changing assets, residences, insurance, and the like without approval of the Court.  Check with the standing order provided by the court at the beginning of the matter.

 You might be able to file a petition for contempt.   Otherwise, if the order doesn't cover insurance, you might be able to force her to cover you until the divorce is final.  Moreover, there is an issue of COBRA that may cover you once insurance is cancelled.  Contact the benefits representative to determine if you're entitled to coverage under COBRA. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She is right: there is no obligation under the law to cover your spouse.  However, you can indeed request that she cover you until the divorce is final - you are still legally married; after that there is no nexus for covering you - and she can only drop you really during the drop/add period (enrollment period) set up by the insurance company.  Good luck.

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