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  1. #1

    Default Health Insurance During Divorce

    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?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Health Insurance During Divorce

    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.

  3. #3

    Default Re: Health Insurance During Divorce

    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?

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Health Insurance During Divorce

    So basically the only way to remove her without penalty
    ?? 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.
    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.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Health Insurance During Divorce

    During open enrollment he can drop her without her signature, yes.

  6. #6
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Health Insurance During Divorce

    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

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