What legal action can I take if my spouse dropped my medical insurance by lying and stating our divorce was final?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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. 


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