Q: If a judge says I can stay on my husband's insurance after divorce, how can a federal insurance deny that?
My husband wants a divorce. But we are doing it amicably and he wants to keep me on his health insurance due to my health issues. He wants to have it written into the final papers. He has a federal health plan and spoke with someone the other day; the insurance says I cannot be on his insurance after divorce even if a NH judge says I can. How can they disregard what a judge declares to be so? Is this legal? It doesn't sound right to us.
A: A New Hampshire attorney could advise best, but your question remains open for three weeks. I can only speak for the insurance law-based attributes of your question, not the divorce-related ones. But as a general matter, courts do not usually have the power to change insurance policies. If the contract of insurance itself is called into lawfulness before the court, such as constitutionality, contract law, ethics, or other issues, a court could rule on those. But nationwide, courts cannot usually alter the provisions of insurance coverage. This is only a generality. At this point, you could reach out to New Hampshire attorneys for a more definitive and thorough look at your setting. Good luck
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