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Is it legal to keep your ex-spouse on your group health insurance in georgia? |
Divorced since 2003, ex does not live with me nor is a dependant, NOT on cobra, and remarried in 2004 (lives with new wife). A georgia policeman told me "you can insure anyone you want". 24 calls to other insurance agents all agree with me- it is not legal. Who is really right??? PS- if the health ins was provided under a domestic partners policy would that be fraud in ga?? No, she cannot carry him as a dependent or spouse once the divorce is final. Since he is not living with her, she can't claim domestic partner either. He would have been eligible for 36 months of COBRA had he elected it at much higher premiums. By leaving him on her coverage, she has been de-frauding her insurance company and possibly her employer if the employer pays part of the premiums. Most insurance companies have a fraud hotline. The numbers can usually easily be found with an internet search and they are anonymous. Do you what you have to. I would believe 24 insurance agents before I would believe on policeman when it comes to questions about insurance. Generally with an Ex spouse unless you were married in an excessive amount of years.. say more then 20... it is generally fraud to continue to carry them as a medical dependent unless stated in your divorce. example: military couple. If a husband serves in the military and divorces after 3 years of marriage the spouse will automatically be dropped (any adoptive or biological children can stay on policy) If a couple is married for over 20 years and the husband then retires and then they get divorced the spouse is entitled to be on the medical plan until the spouse remarries. generally if your not married, an ex spouse has remarried, it's not in writing in a divorce it's fraud to continue to carry the person on your policy. and why would you want to especially if your paying premiums for the other person? Even if a company has a domestic partners clause you usually have to co-habitat for at least 6 months and generally sign a form saying you live w/ that person etc. A police officer is NOT a lawyer, he has NO CLUE!! Check the terms of your group health plan. Dollars to donuts, if your ex-spouse is not living with you, your employer is NOT going to want to keep insuring them! They WILL, however, get the option of keeping coverage for up to 18 months, if you delete him from your insurance they will get a cobra notice in the mail. |
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