Health Insurance during Divorce
Posted: 27 March 2008 10:51 AM   [ Ignore ]
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I have an employee who was termed a few months ago. She is trying to get her ex-husband to put her children on his insurance. He is refusing to do so voluntarily. If there is anything in the divorce decree in regards to his responsibility to make sure the children have insurance, can the employee bring the divorce decree to the ex-husband’s employer to try to put his children on his health insurance or does she need to get a court order?

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Posted: 27 March 2008 10:58 AM   [ Ignore ]   [ # 1 ]
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I certainly wouldn’t change an employee’s coverage without a court order (i.e., I wouldn’t make the change based on the spouse’s divorce papers).  Even then, I would imagine the order would require the husband to make the change, rather than his employer.  If he fails to make the change, he would suffer the consequences.  The employer shouldn’t be put in the middle of this dispute.

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Patrick Della Valle
Employment Law Information Network
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Chinchilla, PA 18411

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Posted: 29 March 2008 03:30 PM   [ Ignore ]   [ # 2 ]
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I agree.

I would never change an employees enrollment status without court documents, unless the process was initiated by the employee. Most states have entire agencies devoted to this purpose. It is not necessary to attempt such a process outside of these channels.

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Posted: 16 April 2008 12:17 AM   [ Ignore ]   [ # 3 ]
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There are some court orders that employers must respond to such as Wage Garnishments, however, the Courts are usually reluctant to interfere with Employers regarding the personal lives of employees, divorces being one of them.

I have received inquires of proof of insurance from various State DSHS, however. If I remember correctly enforcement would have come from the DSHS against the employee though.

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Dan Hall
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Sourcing Seattle- Discussions of Human Resource Functions

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