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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.