01-19-2010, 06:54 PM #1
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Can Spouse Terminate Health Insurance if not legally separated?
Jurisdiction / State: Massachusetts
My husband and I separated two weeks after being married. I believed that i went into this marriage under false intention, plus I had just been discharged from a mental hospital a month earlier due to stress and depression. I was also suicidal. My children have been taken away and my world was starting to fall apart. He made me believe that if we got married, everything will get better and we will have a better chance in getting the children back. He also convinced me to terminate the child support order because it was not right for a married couple to have. After i did what he wanted, he left me. Now I have not kids and no husband. I started to feel extremely worthless and hopeless at this point. I've tried to get my kids back but I was unsuccessful do to my condition and my instability. I am starting to feel better and now I'm seeking help and advice on how to get my life back. I am seeking an annulment but I don't have the resource. I have been married for two years now.
01-20-2010, 04:06 AM #2
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Re: Can Spouse Terminate Health Insurance if not legally separated?
Yours is a very compilcated matter.
An annullment is possible, given the frailty of your mental condition.
You might even get your children back if you were of diminshed capacity at the time you relinquished custody of your children.
An attorney will have to be retained locally to assist you with addressing these issues.
You might ask your psychiatrist or psychologist to assist with selecting a local attorney.
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01-21-2010, 04:08 PM #3
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As to your subject heading question, the answer is, it depends.
Assuming that his insurance is with his employer and further assuming that he put you on the insurance in the first place, there are two, and only two, times when he can remove you from the insurance. The first time is during the company's open enrollment period. During open enrollment he can add dependents, subtract dependents, and/or change plans; he can make any changes he likes and he need not have any reason other than that he wants to. Changes of this type can be made ONLY during open enrollment and at NO other time during the year; however, his right to make these changes during open enrollment is absolute. If he decides he wants to take you off the insurance during his company's open enrollment period, the only thing that can stop him is a court order specifically prohibiting it.
However, outside of open enrollment, the only time he can make any changes to his health insurance is within 30 days of a qualifying event as defined by the health insurance policy. An annullment is a qualifying event. So is a divorce. A legal separation may or may not be; it will depend upon the exact wording of the specific policy.
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