I am wondering how health insurance laws work in Texas. If my friend's health insurance in through her husband's employer, can he remove her as soon as he files for divorce or does he have to wait until the divorce is final?
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I am wondering how health insurance laws work in Texas. If my friend's health insurance in through her husband's employer, can he remove her as soon as he files for divorce or does he have to wait until the divorce is final?
Usually, to change benefits there has to be a qualifying change in status or the yearly sign up. Divorce qualifies, but until its final it doesn't qualify. If it's during his yearly, he can remove her but keep in mind, doing this is not in his best interest. If your friend is the husband, doing this will not be advised because if the wife runs up medical bills, he is still responsible for at least half. If your friend is the wife, have her notify her attorney asap.
So basically the only way to remove her without penalty is to A: provide proof of the finalization of divorce or B: wait until an open enrollment period? Even in the open enrollment period, can he drop her without her signature?
?? Not sure what you mean about penality. There is no "penality" he is simply allowed or not allowed to do this. The ability of him being allowed is yes either a or b. And either way, it will not require her signature. This is also the same for the wife. She has to be in the position to get insurance and for her to do this, the same applies....open enrollment or a change in status...ie divorce, birth, etc.Quote:
So basically the only way to remove her without penalty
Until the divorce is final, it is not a good idea to do this, his attorney should have advised him of this as he is responsible for the bills. There also, depending on where you are in the divorce a temp order to prevent this. Have your friend call her attorney.
During open enrollment he can drop her without her signature, yes.
Probably doesn't even have to wait until open enrollment to drop someone from your insurance.
If it's illegal to keep someone on your insurance,(as it is for my insurance) when you are not married to them, you have to take them off immediately.
I have Blue Cross federal. I can keep my child, but not my ex wife. And boy did that piss off her lawyer :)
It is difficult in some states. Unless you have proof of other insurance. Even then, if you don't meet the criteria (change of status) they can refuse to do this.Quote:
Probably doesn't even have to wait until open enrollment to drop someone from your insurance.
Well basically, he is trying to make her think that she cannot possibly do it on her own and that she will be forced to stay with him. Now he is telling her that he is going to petition the judge to make her change her name back to her maiden name. Is that possible in Texas? I know I am asking a lot of questions, but he is throwing so many things at her, and I feel bad for her because she just has no idea how any of this works. They have been married for 22 years.
hahahaha..that is a funny one! SHE can petition the court in divorce to get her name changed back. This is commonly done by the wife so she doesn't have to pay later on to do it. Remind your friend that it is HER legal name and she can do what she wants with it. AND tell your friend that the next time he tries to tell her she can't do it on her own to just simply say....."your right, it's been 22 years since I've had too, but with the help of the alimony that I'm going after, it should make it a little easier." :)Quote:
Well basically, he is trying to make her think that she cannot possibly do it on her own and that she will be forced to stay with him. Now he is telling her that he is going to petition the judge to make her change her name back to her maiden name