QUESTION
Can I take my husband off my medical insurance?
Asked on Dec 28th, 2012 on Divorce - California
More details to this question:
My divorce has been taken out of the court system for being there to long with nothing being done. No one is seeking a divorce right now. I will be looking for an atty. next year. He is ill, but has Medicare. I am also ill and this is a heavy burden on me.
4 ANSWERS
When you say "taken out of the court system" do you mean that the divorce case has been dismissed? If yes, you can take him off your health insurance. If no, you cannot do so without a court order or a written agreement with your husband to take him off the health insurance.
Answered on Jan 04th, 2013 at 1:18 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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If the Petition has been dismissed for lack of prosecution, then the Automatic Retraining Orders ("ATROs) are no longer in effect and cancelling his insurance is not going to be a violation of a court order. But taking him off your insurance is probably not a good idea since you will presumably be increasing his need and hence potentially your exposure to support liability.
Answered on Jan 04th, 2013 at 1:18 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you do, you will probably be in court very soon. Your husband will try to get you ordered to reinstate medical insurance.
Answered on Jan 04th, 2013 at 1:17 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the divorce is still filed and has not been dismissed, you cannot take him off your insurance. If the case has been dismissed, you can take him off but ensure he gets notice of his COBRA rights, etc.
Answered on Jan 04th, 2013 at 1:17 PM