If I’m legally separated and my husband told me that he is filing for divorce, can he cancel my health coverage before the divorce is even final?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m legally separated and my husband told me that he is filing for divorce, can he cancel my health coverage before the divorce is even final?
He said that he was canceling it on the first of next month but he knows that I have a surgery planned for the 20th.
Asked on July 22, 2015 under Family Law, Colorado
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Generally, insurance companies will not allow one spouse to cancel coverage while they are still married to the other spouse. Some companies, however, do not adhere to this general rule. To know for sure what the position is of your carrier, you need to call them and find out if he would be authorized since you are still married. (He could be attempting to represent that you and he are divorced-- which would be a qualifying event to authorize your removal.)
If the insurance company states or gives you the feeling that they would cancel your coverage based on his request, then you should go ahead and file for divorce and immediately seek temporary orders to enjoin him from cancelling the coverage prematurely.
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.