QUESTION
Aren't we supposed to have a legal separation in writing?
Asked on Dec 17th, 2012 on Divorce - California
More details to this question:
My husband and I are going to get a divorce but he has told me as of Jan 1, 2013 he was going to take me off of his insurance. I am an epileptic and had two seizures this past Friday never mind other medical problems. Can he do this?
14 ANSWERS
During a dissolution he can not take you off the insurance. You need to consult a family law attorney to protect your rights.
Answered on Jan 03rd, 2013 at 12:33 PM
Suzanne H. Lombardi
If you file for a divorce in Alaska it stops everything so that your husband cannot take you off his insurance. I would suggest you contact an attorney and file the paperwork so that he can't take you off of his insurance. If the divorce has already been filed he cannot take you off of his policy.
Answered on Dec 19th, 2012 at 3:13 PM
2 Awards
No, by law he cannot remove you from his health insurance during the pendency of a divorce action.
Answered on Dec 19th, 2012 at 3:13 PM
He cannot remove you from his insurance while the divorce proceeding is pending. Section 452.317 of the Revised statutes of Missouri states: "From the date of filing of the petition for dissolution of marriage or legal separation, no party shall terminate coverage.
Answered on Dec 19th, 2012 at 12:01 PM
Gary Moore
He is not allowed to take you off his insurance. In a divorce the status quo must be maintained until the case is finally disposed of.
Answered on Dec 19th, 2012 at 6:44 AM
I do not know what his insurance will allow. If you question is does he have to insure you because he is your husband, unfortunately, no, he is not mandated by law to carry health insurance on you.
Answered on Dec 19th, 2012 at 6:32 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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He can unless there is a court order prohibiting this action. Filing for divorce will allow certain orders to be in place. Consult with an attorney to discuss your issues further.
Answered on Dec 19th, 2012 at 6:28 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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There is no legal separation in writing. He can take you off his insurance. If you are permanently totally disabled you can apply for Medicare if you have enough quarters, or Medicaid if you have no assets or income.
Answered on Dec 19th, 2012 at 6:07 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No, he can't take you off his medical until the Entry of Dissolution or Legal Separation is entered.
Answered on Dec 19th, 2012 at 6:03 AM
When the divorce is pending, it is a violation of a court order to remove from insurance.
Answered on Dec 19th, 2012 at 6:00 AM
There is no legal separation on Texas.
Answered on Dec 19th, 2012 at 5:57 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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There is no "legal separation" in Texas. There is either a divorce case pending or there is no case pending. The court can enter temporary orders if there is a divorce case pending. Many jurisdictions have "standing orders" that take effect when a case is filed and those orders usually prohibit any party from cancelling insurance coverage. I suggest you hire a lawyer.
Answered on Dec 19th, 2012 at 5:57 AM
If papers are not on file with the court you have no protection. I urge you to file something right away to stop him from cancelling your insurance coverage. Legal separation also requires paper work with the court. Do no hesitate get something on file with the court or you will have no protection.
Answered on Dec 19th, 2012 at 5:55 AM