Legal Question in Family Law in California

Health Insurance

My question is when I divorced 6 years ago - my exhusband kept me on his health insurance in order to pay me less child support - well now he wants to cancel me and says it is against the law when I know his coverage knows I am his exwife. I think he is doing this just to be a jerk. Is it against the law for an exhusband to keep his exwife on his health insurance?


Asked on 5/12/03, 1:19 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Health Insurance

He is correct, he cannot keep an ex-wife on his health insurance. There is no such provision for heath insurance premiums. He would need to purchase you a separate policy. You should look at the child support. If he was paying the insurance in lieu of part of his child support, you are probably entitled to a modification. Good Luck, Pat McCrary

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Answered on 5/12/03, 9:41 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Health Insurance

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

I suppose it could be construed as fraud against his employer (if they pay some of the premium) or against the insurance company (if the policy does not provide for such coverage). You probably ought to get your own coverage anyway. He can continue to cover the kid(s) and/or you can try to get the amount of child support increased.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/12/03, 11:25 pm


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