Full question:
A heart attack destroyed 20% of my heart in January 2007, creating a 'Pre-existing Condition' for new health and life insurances. My wife has maintained Blue Cross of Texas health insurance coverage on the family for years thru the Postal Service, but now she wants out of the marrage and does not wish to provide me with insurance coverage, even if I pay the cost difference. I have offered to comply with her wish to end our relationship providing we do a 'Legal Separation' rather than a divorce, which would allow me an opportunity at several more years of life thru continuation of the insurance coverage. Can this issue be forced into place and completed in Texas? And, if so, what legal forms do I need to obtain. Though we are marrage separated, we currently continue to reside in our mutual home, together with our 20 year old son, as financial debts and the fact that I usually work out of state for 3/4 of the year are factors in our arrangements.Can you provide us with some advice to resolve the issues?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Texas
Answer:
Yes, unless there is a court order requiring her to provide you with insurance, a spouse may voluntarily remove another spouse as a dependent for health insurance. You may be entitled to continuation coverage under COBRA if you are legally separated. Under COBRA, a discontinuation of coverage for a spouse is treated as a qualifying event for COBRA as follows:
Qualifying Events for Spouses:
-Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
-Reduction in the hours worked by the covered employee
-Covered employee's becoming entitled to Medicare
-Divorce or legal separation of the covered employee
-Death of the covered employee
If the employee notifies the plan administrator they are removing the dependents because of a divorce/legal separation or a dependent ceasing to be a dependent, then the employer is obligated to offer COBRA benefits to the dependents.
For futher information, please see:
http://www.infinisource.net/Infinisource/The_COBRA_Guide/COBRA_guide_articles/COBRA_Guide_02-2006.pdf
http://www.dol.gov/dol/topic/health-plans/cobra.htm
http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
