Health coverage during separation

[dsnomas]

Calif.

I separated from my wife in Sept. of last year.
She was physically abusive.
We were married about 9 monts at that time.
She insists that I am legally bound to provide health insurance
for her and her 4 children that she had before we met.
She is threatning legal action if I cancel her and her children.
Their dad has the same health coverage that I have.
She has refused to get other coverage.
No papers have been filed yet, she said she was, then said she did not.
I will file right away.
Am I legally bound to provide this coverage?

 

[cbg]

The following questions may seem strange, but they have a direct bearing on the answer to your question:

1.) Are they currently covered now on coverage that you provide?

2.) If yes, is that coverage through your employment?

3.) If yes, does any portion of the premium that you pay for come out of your paycheck pre-tax or post-tax?

 

[dsnomas]

yes they are covered now
Yes it is provided by my employer
No I do not pay for that coverage

 

[cbg]

You do not pay ANY part of the coverage? Your employer pays 100% of the cost? I'm not being a pain; it's very important to the answer to your question.

 

[dsnomas]

That is correct, my health coverage is completely paid by my employer.
I work for a public school district.
They are part of my benefits package.
My only charges are the co-pays.
Thanks again for your help

 

[cbg]

You will have to ask your attorney if CA family law has any statute or case law requiring that you provide coverage. I am not an expert in CA family law.

However, I can tell you this much since your coverage is provided by your employer and I DO know about employer sponsored health benefit law.

IF your coverage is provided on a Section 125 plan (If you were paying part of the coverage I could tell immediately if it was or not; as it is, you will have to ask your employer; almost all plans these days are) then you can ONLY add or drop dependents to the plan at two times during the year; either at open enrollment, or within 30 days of a "qualifying event". A separation may or may not be considered a qualifying event depending on your plan, but since you are beyond 30 days since it happened, it's a moot point.

That means that IF your coverage is under a Section 125 plan, you can only add or drop a dependent at open enrollment. (Divorce will be a qualifying event, when it is finalized.) This is Federal law - your employer has NO choice about it.

In the unlikely event that your plan is not under Section 125, then your employer would not be violating the law if they allowed you to drop your wife and/or children outside of a qualifying event or open enrollment. HOWEVER, unless the insurance plan document SPECIFICALLY says otherwise, they are not legally obligated to do it either.

During open enrollment, you can make any changes you like unless prohibited by a state statute under Family or Divorce law.