Would executing 2 QDROS against my husband’s Pension and 401K at his work alert his employer to that fact that we are separating, and if so, can they legally deny me from being on his health benefits plans (medical, rx, vision) even though we would be SEPARATED and not DIVORCED? We are planning to stay separated for awhile so I can stay on his plan. But could they kick me off?
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thank you
If you are insured and he pays the premiums, you should have no issue remaining on his policy until the divorce is finalized. I have never heard of a company removing someone from a policy on their own volition.
Thank you Kathleen. I had originally found this Q&A (listed below) on a different website that seemed to suggest that a company can remove a separated spouse from the employee’s health care plan. My husband has requested his Summary Plan Description from his HR Dept and we are hoping it will tell us these types of details. Do you know of any other resources I can use to find out if this can happen? Thank you
Referenced Q&A:
“Julie’s Question: Can you keep your health insurance if you get a legal separation?
Brette’s Answer: You have the right to continue the health care coverage you had under your spouse’s plan through COBRA. Concerning how a legal separation will affect your current coverage, some employers and insurance companies will stop coverage on the date of separation, as opposed to the date of divorce. You should consult an attorney who can advise you how to handle the situation and what your options are.”
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If you are concerned about a company’s actions, I would consult their policy manuals, not the health plan manual.