CAPTAINZING2000

At what point after filing for divorce did you drop your spouse from your health insurance?
Anyone have any feedback for me? I forgot to ask my lawyer before he left for vacation today.

Thanks

AnvilheadII

not legal advice....if your wife is working, they should have an insurance plan...give her enough time to transfer to the new carrier and then drop her.

lillamy

I'm not a lawyer either, just my experience:

My health insurance (which was through my employer) didn't allow me to keep him on the insurance once the divorce was final. He was taken off the same date. The divorce became final on a Friday; I reported it on Monday; they took him off retroactively to Friday. So if he had gone to the ER over the weekend, they would not have covered him.

theuncertainty

I was told by my lawyer that I had to keep AXH on my insurance until the divorce was final. However, I didn't clarify why... It could've been because he was blowing through jobs like others change their shirts and didn't have coverage. This was also before the... recent changes to healthcare coverage.

Thumper

He came off as soon as the divorce was final if I remember right. He didn't have a job so no other insurance. He is a vet though so he had the VA.

Shellcrusher

When I filed the first time, I was instructed by my lawyer not to make any changes to those kinds of things until the divorce was finalized. In my state the laws have changed since I filed but they use the existing state of affairs to determine things like spousal support and or Alimony, income/expense ratios, etc.

CarryOn

Check with your HR or Benefits Administrator because there are a number of factors that can determine when you can drop them from coverage. Whether you pay for your coverage pre-tax or post-tax is usually the determining factor.

The most common answer is that you have to have a Qualifying Event to drop the person from your coverage. Therefore, in the case of a divorce it is the date the divorce is finalized. The plan must be notified within 30 days of the Qualifying Event.

If she obtains coverage of her own, that would also be a Qualifying Event and you can drop her the date that her new coverage starts. You will need documentation to prove the Qualifying Event.

Florence

In my state, he stayed until the divorce was finalized. My insurance company wouldn't allow me to make the change until I had a legal document in hand either.

hopeful4

Yup, in my state there is an immediate stay when you file that you are not allowed to change those type of things until the divorce is final.

Mountainmanbob

these things should have already been worked out Captain
lawyers these days can be very disappointing
and can cost one much extra money because of their laziness


not sure how long you were married

I'll take a wild guess here
you will probably have to pay for her insurance for a year or two
after your final divorce is over

MM

CAPTAINZING2000

The reason I brought this up, a collection agency came after me for a hospital bill from 7 years ago. I had no idea the bill wasn't paid. The wife would hide the bills from me.
I wasn't able to make arrangements with the hospital to pay it.
The county sheriff came looking for me to appear at court.
Just glad I was able to get it settled with the collection agency before having to go to court.

My concern is over any other bills that might occur.

hopeful4

Cap...I would run a credit report. That should show you anything that is outstanding that is on your credit. In my state you can get one from all three credit reporting agencies for free each year.

Good luck. Wow, that really stinks!

I will also say my attorney advised me to make sure I list all the debts owed in my divorce or it could make my divorce null and void. Yikes!

Mountainmanbob

Captain
I usually run a free credit report once a year
it's good to know what is going on there
Mountainman




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lillamy

Absolutely run a credit report. All debt should be accounted for in the divorce so that there are no unpleasant surprises later.