If I’m legally separated and my husband told me that he is filing for divorce, can he cancel my health coverage before the divorce is even final?

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If I’m legally separated and my husband told me that he is filing for divorce, can he cancel my health coverage before the divorce is even final?

He said that he was canceling it on the first of next month but he knows that I have a surgery planned for the 20th.

Asked on July 22, 2015 under Family Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally, insurance companies will not allow one spouse to cancel coverage while they are still married to the other spouse.  Some companies, however, do not adhere to this general rule.  To know for sure what the position is of your carrier, you need to call them and find out if he would be authorized since you are still married.  (He could be attempting to represent that you and he are divorced-- which would be a qualifying event to authorize your removal.)

If the insurance company states or gives you the feeling that they would cancel your coverage based on his request, then you should go ahead and file for divorce and immediately seek temporary orders to enjoin him from cancelling the coverage prematurely.


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