Do I have to return the entire divorce decree? Yes. You must submit the copy of the final divorce decree with the date filed stamp along with the correct application.
Can I submit a marriage dissolution document for a divorce? No. The marriage dissolution document is not the same as a divorce. The final divorce decree filed with the state is needed to remove the former spouse and/or stepchildren.
I am going through a divorce. Can I drop my spouse now? If an employee requests to terminate coverage of a dependent spouse and/or stepchildren while a divorce case is pending, such termination will be subject to laws and court orders related to the divorce or legal separation. This includes the requirements of Tennessee Code Annotated Section 36-4-106 and the requirement that the employee provide notice of termination of health insurance to the covered dependent spouse under Tennessee Code Annotated Section 56-7-2366. It is the responsibility of the employee to make sure that any request to terminate a dependent spouse is consistent with those legal requirements.
What if I don’t have my ex-spouse’s address? Benefits Administration will update the address to that of the ex-spouse’s attorney. If none is given, we will send it to the last address on file. The employee may ask their attorney to forward the documents to the ex-spouse’s attorney.
I forgot to send my final divorce decree. It’s been over 60 days. What do I do? Send the final divorce decree with a cancel request as soon as possible. If the ex-spouse has made any claims after 60 days of the date of the divorce being filed with the state, those claims are the responsibility of the employee. Additionally, the ex-spouse will lose the opportunity to enroll in COBRA as coverage.
Can my ex-spouse get COBRA coverage? Yes, if he or she is covered on the employee’s insurance plan at the time of the divorce.
My divorce is final on April 5. When will my ex-spouse’s coverage end? The ex-spouse will remain on the employee’s insurance benefits through the end of the month in which the divorce is filed with the state.
Can a stepchild remain on coverage? Stepchildren will be removed with the ex-spouse at the time that the divorce request is processed. The stepchild shares eligibility with the spouse. Once the divorce is processed, the coverage for the stepchild will end as well.
The court has issued a “Continue-coverage order” on my ex-spouse. Can I keep them on coverage? No. Even though there may be a stated parenting plan or an order to continue coverage that orders the employee to keep insurance on the ex-spouse and/or stepchildren, it is the employee’s responsibility to obtain continued coverage. Once the divorce is finalized and filed with the state, the former dependents cannot be kept on state coverage.
I was covered under my spouse, and I’ve lost coverage due to my divorce. What do I need to get insurance coverage? You will have 60 days from the date of the loss to submit proof of loss of eligibility due to divorce. You will need written documentation from an employer, former employer, insurance company or former insurance company on company letterhead that lists the names of covered participants; the dates of coverage, including your coverage at the time coverage in this plan was declined; the types of coverage (medical, dental, vision); each participant that lost eligibility for coverage; the date of loss of eligibility to continue coverage; and the reason why eligibility for coverage was lost.
I am legally separated. Can I enroll in my insurance if I’ve lost coverage under my spouse? A legal separation is grounds for special enrollment, or special disenrollment, only if it results in loss of coverage. The documentation provided must provide for a loss of coverage to terminate outside the open enrollment period. These situations are case-by-case and may require legal review.
I am going through a divorce. My spouse dropped me during their open enrollment, but my divorce is not finalized. What do I do? As for the state of Tennessee coverage, an employee/retiree MAY remove their spouse during annual enrollment even if a divorce has been filed and is not yet finalized. This is only true during annual enrollment. It is their responsibility to maintain compliance with TCA 36-4-106 and 56-7-2366. If the employee/retiree chooses to remove a spouse during annual enrollment in opposition to either one of those sections of the code, then they will be responsible in answering to the court regarding the removal. *We cannot interpret the law or offer legal advice to members. The employee/retiree should consult with their legal counsel regarding state law.
I have a final divorce decree that states that my ex-spouse is responsible for our child’s insurance. Will I be able to remove my natural child due to divorce? No. A natural child does not lose eligibility and cannot be removed due to a divorce. The employee will maintain the coverage and can remove the dependent child during annual enrollment.
I need to remove my spouse due to divorce. Which application do I use? You need to use the Insurance Cancel Request Application. The application should be accompanied by a full final divorce decree signed by a judge and stamped with the date filed with the state.
I am newly divorced. I was removed from my ex-spouse’s coverage. Which application do I need to use? You need to use the Enrollment Change Application. The enrollment request should be accompanied by written documentation from an employer, former employer, insurance company or former insurance company on company letterhead that lists the names of covered participants; the dates of coverage, including your coverage at the time coverage in this plan was declined; the types of coverage (medical, dental, vision); each participant that lost eligibility for coverage; the date of loss of eligibility to continue coverage; and the reason why eligibility for coverage was lost.
I’ve just divorced. My ex-spouse is covered under state insurance as well. What do I need to prove a loss of coverage? Once the full divorce is received, we will search for the member by Social Security number to see what other account they were covered under, and we will verify the coverage ending as we do with any other employee and spouse covered on state insurance.
I’ve gotten a divorce and lost coverage on my spouse’s insurance. What do I need to apply for coverage? Do I still need my divorce decree? No. This is considered a special qualifying event – loss of other coverage. For all special enrollments, the only thing needed is the proof of loss of eligibility with the six requirements, one of which is the reason for the loss. The special enrollment due to divorce is no different.