Dropping spouse from medical insurance before divorce in NC


#1

What is the procedure?

I was told a formal separation agreement signed by both spouses had to be given to t he employer before spouse could be dropped. Is this correct?

Can you just tell them you are separated and living apart with out providing documents to get spouse dropped?

Thank you as always


#2

and if a signed document is required then he forged my signature. how do I handle filing a complaint and get a subpoena to get the document to prove it was not signed by me? And what can be done to him after I prove it?

Thank you again for your expertise!


#3

You cannot remove a spouse from a health insurance policy prior to an absolute divorce being granted but it would be possible to remove a spouse from insurance coverage during an open enrollment period.

If you believe your signature was forged, you should contact the entity that accepted your forged signature.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Anna I contacted his employer at the time and they would not answer any questions.

His lawyer handed me an unsigned separation agreement in court from him and the next day he cancelled my insurance. I called them and they would not tell me anything.

Can I file a complaint against him and get a subpoena for the document?

I asked the judge to make him reinstate me at our first hearing for PSS and Lawyer fees and specifically to retain me on his medical coverage. and she said if we are living apart he could remove me so I didnt pursue it til recently I heard he could not remove me. So I think he forged my signature on some kind of document.
I will have to pay a penalty on my taxes for not having coverage last year. Plus I had many health issues that went untreated because I could not afford to go to the doctor. I did not receive a COBRA letter either.

How should I proceed?


#5

Try asking his attorney for an explanation on how you were removed from the policy without being aware of it. Otherwise you will need to ask the court in PSS and/or alimony that he pay for your medical insurance coverage until an absolute divorce is granted.

In order for a separation agreement to be valid, your signature has to be notarized, so he would not have been able to forge your signature in front of a notary public since notaries are required to ask for identification for each person they witness sign a document. It’s possible that you were removed during an open enrollment period or he lost insurance coverage as well.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

The lawyer neither prepared it or read it. My ex just had him hand me a copy in court. He found one on the internet and modified it.

We are divorced. We have finished ED. I just found out he was not supposed to drop me in Jan 2017 I just now today spoke with the employer who said it has to be proof of a divorce, open enrollment in April, Or legal separation signed by both parties to drop a spouse.

Number one and two are not valid. I never signed a document. If he forged my name he had a notary friend sign it.

How can I make his employer give me a copy of this document?

Thank you again in advance.


#7

You will need to notify the HR department and/or the legal department with his employer about your suspicion that a forged document was used and that the company possibly relied on that forged document to do something which was prejudicial to you. They might be able to get you in touch with someone that can look into the issue and determine what happened.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

I have called HR and the Attorney’s office and am getting no where. Can I file a complaint alleging that he gave them a forged document and get a judge to sign a subpoena for that document?


#9

If you have proof of the forged document then you can contact law enforcement about it.

You should still try asking his attorney for an explanation as to how you were removed from the insurance policy.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.