by bowden » Fri Jan 30, 2009 02:36 am
Hi,
I am currently going through a divorce. We are still legally married, however I recently found out my spouse is terminally ill. Can a spouse be removed as beneficiary without being notified or without consent? The policy was issued an maintained as part of his retirement pkg. A group life ins. policy issued in 1988. Thanks for any help on this gquestion
I am currently going through a divorce. We are still legally married, however I recently found out my spouse is terminally ill. Can a spouse be removed as beneficiary without being notified or without consent? The policy was issued an maintained as part of his retirement pkg. A group life ins. policy issued in 1988. Thanks for any help on this gquestion
Posted: Sat Jan 31, 2009 11:10 am Post Subject:
Oh bowden I'm sorry and hope he accepts your offer of help...if you know for sure that he is ill (not just a rumor ) maybe if you offer to stop the divorce proceedings and try to make his final time as comfortable as possible he will reconsider his bitterness for his sake (and yours) i hope so.
Posted: Sat Jan 31, 2009 01:13 pm Post Subject:
Hi Lori,
Is it possible to get over this divorce thing in real quick time?
I'd feel its more about the bitterness that the two had shared once than trying to change his mind all of a sudden. I guess the beneficiaries are voted upon the honesty and care that they have shown on the insured for a considerable period of time. What do you think!
Posted: Thu Oct 07, 2010 11:12 pm Post Subject: Divorcing in the State of Illinois
I filed for divorce February 2010 from my husband of 20 years. I have since moved to another resident and my husband is keeping the house. He is to buy me out, but in the meantime he does not have a steady income as an electricial contractor and barely meeting monthly bills that includes the mortgage. My name of course is still on the mortgage. My problem is if something were to happen to him the house be taken by the bank because I would not have the funds to pay the bank off. Now, my husband and I have a joint life insurance policy and they consider him the owner eventhough I signed the same application he did. He has contacted the agent and requested a beneficary change form; not sure if he has submitted yet. I myself, have a individual life insurance policy for myself only. My dilemma is that I don't know how long it will take for the divorce to be granted, I need to know how do I protect my investment (home) in case of an unfortunate incident should befall him. I need to know can I get a policy on my estrange husband legally?
I know he wouldn't sign any application out of spite.
Posted: Sat Oct 09, 2010 12:31 am Post Subject:
You need to include it in your divorce decree (very common practice). You can negotiate provisions, either he pays the premiums or you do (might want to pay them and be owner since he's having problems making payments and you can keep more control over this and ensure that it stays in force).
Posted: Sat Oct 09, 2010 06:15 am Post Subject:
I need to know can I get a policy on my estrange husband legally?
I know he wouldn't sign any application out of spite.
Without your spouse's consent, it will not be possible to obtain coverage on him. However, a good attorney might get the court to order him to cooperate.
It would be easiest to have the court order him to ASSIGN ownership of the existing insurance to you, and you become the premium payor and name yourself as beneficiary. Takes him out of the equation entirely other than as the insured. You need a very forceful attorney to press for this, because your spouse and his attorney will "strenuously object" to the proposal.
Posted: Fri Oct 22, 2010 05:00 am Post Subject:
Can my mother remove my father from her health insurance coverage without his consent in the state of virginia, they are in the process of separating and the policy is through her work and she is on disability fro the company in which the policy is through
Posted: Fri Oct 22, 2010 05:02 am Post Subject:
Can my mother remove my father from her health insurance coverage without his consent in the state of virginia, they are in the process of separating and the policy is through her work and she is on disability fro the company in which the policy is through
Posted: Fri Oct 22, 2010 08:36 am Post Subject:
In the event of legal separation, your father's coverage under your mother's employer-sponsored health plan will likely terminate. If it does, he will be eligible to continue the coverage at his own expense courtesy of COBRA.
Posted: Fri Oct 22, 2010 11:57 am Post Subject:
Max, "in the event of legal separation", may be the key here. I've seen situations where one spouse has dropped the other out of spite. From my reading of Cobra, it appears as if the spouse may be out of luck without the separation. Do you know if I'm correct?
Posted: Fri Oct 22, 2010 11:09 pm Post Subject:
You are correct. If the "departing" spouse is merely dropped from coverage by the employee because they're having an affair or they've moved out of the home, for example (not as the result of the "legal separation"), COBRA does not apply.
There are six specific "qualifying events" that apply to a dependent's coverage and continuation under COBRA. Merely being dropped from coverage "out of spite" is not one of them. "Legal separation of the employee" is.
It could be fairly argued, I suppose, that if a person deliberately drops their spouse knowing that a legal separation is in the works and does so deliberately to prevent the person from exercising a right under COBRA, they might be able to get the coverage back (it's sort of up to the lawyers to prevent this from happening).
If not, then the lawyers will have a field day determining what that deliberate act is worth when it comes to compensating the departing spouse.
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