Legal Question in Family Law in California

Legal Seperation & Health Insurance

My Brother's soon to be Ex wife cancelled his Health Insurance one month after she filed for Legal Seperation. He was told by the pharmacy when he went to pick up his meds that his Insurance was cancelled. He has an Attorney and she sent a letter. After a month goes by, the ex's company changes health care providers and the new provider doesn't cover mental health? Which my Brother needs right now. The company she works for is a Federal VA Hospital in Loma Linda. Is it true that by law she can't take him off before the divorce is final? And by law doesn't the HR Dept have to notify him of the his right to COBRA ? Thank you for your time.


Asked on 2/24/07, 12:24 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Legal Seperation & Health Insurance

The general rule is that there is an automatic order that prohibits a spouse from removing the other spouse from health insurance. When the marriage is dissolved and the health insurance ceases to cover a spouse, notice of the Cobra benefits must be sent by mail. He should discuss this matter with an attorney.

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Answered on 3/09/07, 11:54 am


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