What is a spouse’s recourse if they were removed from the other spouse’s insurance prior to their divorce being final?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is a spouse’s recourse if they were removed from the other spouse’s insurance prior to their divorce being final?

My soon-to-be ex-husband removed me from his company health insurance prior to the divorce being final. I understand that this places him in contempt and means that his employer has violated ERISA law. Can you tell me if this still falls under divorce law or another area of law? And also, how would I find out if I have a solid enough case to sue ex-husband and his employer?

Asked on August 3, 2011 California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  If the agreement was part of a settlement agreement between you that was signed by both of you then the mater also falls under contract law.  A settlement agreement is a contract between the two of you as to your belongings and your rights to distribution of marital property.  Contract law assumed that the terms of the agreement have been freely negotiated between the parties and a breach of the agreement can render it void in some circumstances.  A breach in a contract that results in damages can also be the basis for a law suit.  I would speak with an attorney in your area to see if you have a case for recovery under any theory of the law.  Good luck to you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption