Family Law Questions? Ask a Family Lawyer Online.
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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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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.
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.
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