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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 131
Experience:  N/A
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I have a court order in PA to continue my husbands insurance

Customer Question

I have a court order in PA to continue my husbands insurance till our divorce is final. But my employer dropped him from my insurance because I could not provide tax returns with both our names on with same address. I was going to try to add him in open enrollment but they are saying the same thing that I need marriage certificate and tax returns with both our names and addresses to add him. What do I do? Is this legal for the employer to do? I have contacted my insurance directly and it is the employer. Any advice or help would be appreciated.
Submitted: 11 days ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 11 days ago.

Hello. I am an attorney with experience in multiple jurisdictions and I look forward to assisting you today. Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship or privilege is formed herein; and by continuing, you confirm that you understand and agree to these terms and other site disclaimers.

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Expert:  Law Tutor, Esq. replied 11 days ago.

The Affordable Care Act (ACA) doesn't require employers to cover spouses in their health insurance plans, just dependent children. So they are not in violation of the ACA. However, it sounds unreasonable for the employer to require tax returns with both of our names and same address on the returns. Some couples file returns "married by filing separately". The marriage certificate is a reasonable requirement. Since you are required to keep him covered by court order, you may want to have an attorney write a letter to your employer requesting that they put him back on the insurance. Also, you may want to find out about filing an appeal with the insurance company. In additions to that, you may want to file a motion with the court to ask for a modification of the court order because you do not have the insurance available for your spouse at this time through your employer. You will be responsible for keeping him covered until the final divorce decree is entered and you don't want to be held in violation of the court order. I hope this helps.

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Customer: replied 11 days ago.
Thank you for your response. The insurance company is not the one denying coverage I called them directly. It is my human resource department. Legally can an employer refuse to offer insurance to a spouse if we don't live together and are going through a divorce? I was paying an additional amount to have him covered. Thank you
Expert:  Law Tutor, Esq. replied 11 days ago.

When the court entered that order, they probably assumed you were able to keep him covered through your employer. Yes, in some cases, some employers treat separation the same as divorce and it is not illegal for the employer to do so. If that is their policy, then you do not have the coverage available through your employer for him and you must get the court to modify the order so that you are not held in violation of the court order. I hope this answers your question.

Expert:  Law Tutor, Esq. replied 11 days ago.

Also, please keep in mind that your spouse will still be eligible for the same insurance coverage under the COBRA act for a period of up to 36 months. The court will have to determine who will be responsible for the premium for such coverage.

Expert:  Law Tutor, Esq. replied 11 days ago.

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