Monday, August 22, 2011

I am separated from my Husband. Can he cancel my health insurance?

I recently separated from my husband, I am covered under his health insurance. ( Blue Cross Blue Shield) Can he cancel my health insurance? I heard somewhere that he couldn't. Is this true? I have an upcoming surgery and need to know for sure! Thanks...
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I would recommend you speak to an attorney. I've been an insurance and financial services professional for over 30 years, and I've seen angry spouses and ex-spouses ruin one another financially over things like this. I don't mean to disagree with the first commenter, but calling the insurance company and getting your own policy would not be in your interests. Your pre-existing condition would likely not be covered at all under a new policy, and if you get an entirely new policy (not COBRA), they are not required to accept you or to cover your existing condition. Your estranged husband might be a great guy, and y'all might be getting along great right now, but don't ever put it beyond a vindictive ex-mate to get revenge. In some states you can get temporary spousal support or consideration. Or, you may just get a court order which requires him to maintain the insurance coverage as it was prior to the separation (include any life insurance and beneficiary designations to be maintained in the same manner). But, IF YOU DON'T GET LEGAL REPRESENTATION YOU ARE MAKING YOURSELF VULNERABLE! If you have children, then you need to be sure he continues to provide insurance for them, as well. Additionally - and I know, most people say, "oh, I don't want anything, I just want to move on." You may say that now, but the future might be very different. What if you become uninsurable as a result of your medical condition? What if you can get insurance, but it will be heavily endorsed for your condition, or the premium increased? What if he dies before the divorce is final? Or, if you have children, what if he dies before his child support obligations terminate? With a good attorney, you can require that he maintain a life insurance policy equal to the amount of future unpaid child support (or in states where alimony is required, equal to unpaid future alimony payments). If he dies, that doesn't mean those obligations should be erased. An attorney can require that he maintain, and pay premiums for your coverage - at least through the time you are entitled to COBRA coverage. PLEASE!!! Don't take this lightly! You have an obligation TO YOURSELF to ensure your future. Whether or not the two of you remain together, his part in that obligation (depending on how long you were together, how many children, and economic and property status) his part in that obligation does not end just because the marriage ends!
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