what kind of attorney do i need when my ex spouse used my health insurance illegally?

by Miss Donna Toy 10 min read

Can my ex-spouse keep my health insurance during a divorce?

Jun 10, 2014 · Just let the insurance company know that she used it, but that you were divorced 4 years ago. You might have to provide the insurance company a copy of your Judgment. Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship.

Can a former spouse of a federal employee get health insurance?

May 31, 2017 · Although your spouse can’t go on a fishing expedition into your medical history, your ex can request records if they have some bearing on any of your divorce-related issues. For example, a judge may consider each parent’s mental health and emotional stability when deciding custody—frequent hospitalizations or mental illness may affect a ...

How long does an ex-spouse have to pay for health insurance?

Jun 10, 2021 · As a general rule, most insurance carriers do not allow you to stay on your spouse’s health insurance plan once there has been a judgment of legal separation. That’s not always the case though – so be sure to check with your employer. Another option is a complaint for a limited divorce, a form of a legal separation.

Can a court make accommodations for health insurance in a divorce?

Jun 06, 2017 · Typically, you may seek compensation for any injuries caused by the negligent actions of another person or entity. However, the law is not always clear when it comes to seeking compensation if the person who caused your injuries is a former spouse. In the past, a husband and wife were considered to be one person from a legal perspective.

Can you keep an ex wife on health insurance?

After you get divorced, you may be able to temporarily keep your health coverage through a law known as "COBRA." If your former spouse got insurance through an employer that has at least 20 employees, COBRA lets you stay on that plan for up to 36 months.Jun 1, 2020

Can I remove my ex husband from my health insurance?

You can't remove your spouse from your insurance before divorce. The law is quite clear on that. However, after your divorce, you are legally obliged to remove your spouse from your health insurance cover. Only spouses and dependent children are allowed to be included in your insurance coverage.

How long can I stay on my ex husband's insurance?

36 monthsWhile your children will continue to receive coverage, your ex-spouse will likely not meet the requirements. That said, the Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to keep providing health insurance for an employee's ex-spouse for up to 36 months after a divorce.Jul 29, 2020

Is health insurance an asset in divorce?

Health insurance coverage is a valuable asset that is sometimes overlooked during the divorce process. Since divorce terminates a non-employee ex-spouse's right to coverage, divorcing spouses should plan for how they will continue health care coverage before their divorce is finalized. ...Sep 1, 2021

Can you remove your spouse as beneficiary?

If you own a life insurance policy that insures you and names your ex-spouse as the beneficiary, you can update the beneficiary on your policy to remove them. If you owe alimony or child support, however, a judge may order you to keep your ex as your beneficiary to ensure financial support continues when you're gone.

Can I keep my stepchild on insurance after divorce?

Coverage of Stepchildren after Divorce Under the FEHB Program, your stepchild remains a stepchild and an eligible family member after your divorce from, or the death of, the natural parent, provided that the stepchild continues to live with you in a regular parent-child relationship.

How long does a divorce take?

The uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.Oct 3, 2017

Is Cobra more expensive than regular insurance?

COBRA insurance is often more expensive than marketplace insurance, partly because there isn't any financial assistance from the government available to help you pay those COBRA premiums.Sep 27, 2021

Can I remove my spouse from my health insurance if we are separated Ontario?

Can I Remove My Spouse From My Health Insurance If We Are Separated In Canada? The short answer is, yes. Some Canadian health insurance plans will terminate coverage for your ex-spouse at the time of legal separation.Dec 22, 2021

Can spouse cancel health insurance before divorce in PA?

It is illegal for one spouse to drop another from life or health insurance coverage during the course of the marriage, but before the entry of a final divorce decree. It is illegal to do it when separated.Jan 15, 2012

Can I use Tricare after I get out of the military?

Yes. You have 90 days from your separation date to change your health plan. You and your family may qualify for temporary health care coverage when you separate from the service or get out before you retire.Mar 23, 2021

What does a judge consider when deciding custody?

For example, a judge may consider each parent’s mental health and emotional stability when deciding custody—frequent hospitalizations or mental illness may affect a parent’s ability to meet a child’s needs.

Should medical records be kept private?

If your right to privacy outweighs the need for the information, then a judge may agree that the medical records should be kept private. The key issue for what gets included in your case is its relevance to your divorce.

What is the best way to bridge a short lapse in health insurance?

If you need health insurance to bridge a short lapse in coverage because you will either get coverage through an employer or Obamacare, then a short-term policy may be the best way to go.

What is Medicaid divorce?

This is a planning tool that helps reduce the overall amount of assets a couple has in their name. It helps each spouse qualify for Medicaid without losing a substantial amount of their assets.

What is cobra insurance?

COBRA is a Federal law that will allow you to continue with the same health insurance you have been receiving through your spouse’s employer. You must agree as long as you agree to step in and pay the premiums. Your spouse’s employer must have at least 20 employers and already have a health insurance plan in place.

Is Medicare a federal program?

They are operated and funded by different parts of the government and for the most part, serve different groups. Medicare is a federal program that provides health coverage if you are 65+ or under 65 and have a disability.

What is FEHB in the civil service?

Under the Civil Service Retirement Spouse Equity Act of 1984, certain former spouses of current and former federal employees may qualify to enroll in a health benefits plan under the Federal Employees Health Benefits (FEHB) Program.

What is the most unsettling thing a spouse may have to face?

When your spouse is the one providing healthcare during the marriage for a spouse and family members, one of the most unsettling things a spouse may have to face is the prospect of getting coverage.

How many employees can you have with Cobra?

If an employer has less than 20 employees, you may qualify for a mini-COBRA plan under the laws of your state. Most states have mini-COBRA in place, except Alabama, Alaska, Arizona, Delaware, Idaho, Indiana, Michigan, Montana, Pennsylvania, Virginia, and Washington.

Judy A. Goldstein

What seems to be the problem? If you kids are covered under your policy, your ex did the right thing. Why do you need to consent to use of your insurance information for the benefit of your children?

Brian Michael Radke

Review your Divorce Judgment and/or Parenting Agreement. The documents should address who is responsible for keeping medical insurance for the children. If you are obligated to keep the insurance, she can use it (for the kids). If it is not addressed in the documents, you can probably go back to court to have a Judge decide who keeps them insured.

Peggy M. Raddatz

I do not know if she is your ex wife or just ex girlfriend. Whatever the court orders state is what you must follow. If the papers say she must notify you before taking kids to medical care then she must. That would be odd if the papers stated that though. Usually notification is only required in cases of emergency/...

How to remove ex spouse from deed?

If you are going through (or went through) a divorce, you must create a new deed to remove the ex-spouse from title to your house. Here are five steps to remove an ex-spouse from a property deed: 1 Review the divorce decree to determine who gets the real estate. 2 Obtain a copy of the prior deed to the property. 3 Create a new deed to transfer the property as described in the divorce decree. 4 Submit the new deed to the city or county land records for recording. 5 Keep a copy of the recorded deed to show you own the property.

What happens if you divorce your spouse?

At the time of the divorce, the spouses should sign a deed to divide their real estate among themselves. Former spouses that fail to divide their property at the time of the divorce create problems that will surface later. Years pass, the former spouses remarry new spouses, and life goes on. The spouses assume that the property has been divided. ...

What is a warranty deed?

These deeds are named after the warranty of title they provide. The spouse that is being removed could use a special warranty deed or warranty deed to convey the property to the other spouse with a warranty of title.

Can you divide property after divorce?

But when dividing property after a divorce, most spouses will not want to provide a warranty of title to the other spouse (unless required by the divorce decree). Because a quitclaim deed form provides no warranty of title, it is the most popular deed form to remove an ex-spouse. When dividing property in divorce, ...

What is the goal of dividing property in divorce?

When dividing property in divorce, the goal is to simply to take the ex-spouse off of the title to the property deed. It is more of a release of the property than a conveyance. The spouse that will no longer own the property will release—or quitclaim —his or her interest to the other spouse.

What is a deed in divorce?

A deed transfers property from one or more person to one or more other persons. In the divorce contexts, both spouses will sign a deed transferring the former marital property to only one of the ex-spouses. The spouse that receives the property will continue to own the property.

Is it a good practice to reference a divorce decree?

It is also good practice for the deed to reference the divorce decree. A reference to the decree creates a record that the property was divided as part of a divorce. For example, the deed dividing property on divorce may state:

How long does Cobra last?

COBRA requires that individuals that lose their health insurance are entitled to continue to be covered under that health insurance plan up to three (3) years after los ing the coverage. This applies to spouses that are losing their insurance coverage due to divorce.

Is Cobra insurance expensive?

Health insurance premiums through COBRA are usually extremely expensive and many parties are unable to afford these premiums. The area of health care law is changing rapidly under the new Health Care Reform Act passed by the federal government.

Do you have to have health insurance after divorce?

In general, the courts will require the parties to maintain the status quo during a divorce proceeding and that would include continuing the same insurance policies and financial practices that were in place prior to the filing of the divorce. However, maintaining health insurance after a Judgment of Divorce is filed does not always require ...