What is a spouse’s recourse if they were removed from the other spouse’s insurance prior to their divorce being final?
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What is a spouse’s recourse if they were removed from the other spouse’s insurance prior to their divorce being final?
My soon-to-be ex-husband removed me from his company health insurance prior to the divorce being final. I understand that this places him in contempt and means that his employer has violated ERISA law. Can you tell me if this still falls under divorce law or another area of law? And also, how would I find out if I have a solid enough case to sue ex-husband and his employer?
Asked on August 3, 2011 California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. If the agreement was part of a settlement agreement between you that was signed by both of you then the mater also falls under contract law. A settlement agreement is a contract between the two of you as to your belongings and your rights to distribution of marital property. Contract law assumed that the terms of the agreement have been freely negotiated between the parties and a breach of the agreement can render it void in some circumstances. A breach in a contract that results in damages can also be the basis for a law suit. I would speak with an attorney in your area to see if you have a case for recovery under any theory of the law. Good luck to you.
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