I just found out my X husband took me off his health insurance. Our divorce agreement states he has to carry my health insurance. I called his employer and they said, he had a letter to remove me. I called his lawyer and his lawyer said he never wrote a letter to cancel my health insurance. I have skin cancer and went for an appointment yesterday and found I had no coverage. Can he do this? What can I do now? Does he have to pay for all my medical bills now that he canceled my insurance without going to modify the agreement through the courts?
Based on the facts as you have stated them it seems as though your ex husband has violated your divorce agreement. You should contact a local family law attorney, or the attorney who handled your divorce, to file a Complaint for Contempt. In your divorce agreement, there may be reasons that he can take you off, such as remarriage, but usually there is notice. You may want to contact him to be sure that there is no error with what has gone on. He would likely be responsible for medical costs that you incur if he has removed you in violation of your agreement along with your legal fees if he is found in contempt. You should make sure that you meet with attorney immediately. I am sorry that you have to deal with this along with your medical issues.
This answer is not intended to provide legal advice or to create an attorney client relationship. Tracy Fischer is a certified divorce mediator and attorney with offices in Newton and Danvers MA.
It definitely seems that he is in contempt of court. The only issue I possibly see is if he had to pay an increased amount for health insurance and you were responsible for the difference, but you would know if that was the case.
Find a Family law attorney ASAP and file a contempt.
If you are in Massachusetts, my answering of your question does not constitute an attorney/client relationship and are for informational purposes only. If you wish to contact me to discuss your question further I offer a 30 minute free consultation and can be reached at 413-522-6263. If you are not in Massachusetts I am not giving you legal advice as I am not licensed in your state and my comments should be viewed as for informational purposes only.
As the other attorneys have noted, you should contact a divorce attorney to pursue a contempt if he doesn't immediately put you back on the policy. However, check the terms of the agreement, and how long he can carry you on his company policy, as well as whether you are still within the reinstatement period under the policy. It may be that you can be reinstated within a specified period of time, as long as notice and payment are given. (Obviously, it will be better and cheaper if he puts you back on rather than you fighting with him about paying your medical expenses, and this should be communicated to him. If you go the contempt route, it will likely be both much more expensive for him, and he may be faced with paying attorney's fees on top of everything.) Good luck!
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