QUESTION
Can my wife remove me from her employer’s sponsored insurance and prescription plans prior to our future divorce?
Asked on Jul 10th, 2014 on Divorce - Florida
More details to this question:
I receive SS disability and Medicaid. I'm separated from my working spouse.
7 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Not if you file a motion for temporary orders in which you ask the court to have her maintain you on those benefits pending a final decree.
Answered on Jul 11th, 2014 at 4:53 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No she can't. The divorce must be finalized or a bifurcation would have had to occur terminating the marriage before the divorce is final.
Answered on Jul 11th, 2014 at 4:40 PM
She can do what she wants if no Dissolution papers have been filed. If one of you has filed then the Family Law Restraining Orders apply. They are written on the back side of the summons and prohibit the canceling any insurance during the pendency of the action.
Answered on Jul 11th, 2014 at 9:22 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If there is not a court order requiring her to insure you, yes she can. However, as you are still married, she may well be responsible for a portion of any medical bills, medication, etc. you incur as a result of having no insurance.
Answered on Jul 11th, 2014 at 8:45 AM
Unfortunately, yes. Just as when you got married you had the choice to join her employer sponsored insurance program, she has the choice now to take you off.
Answered on Jul 11th, 2014 at 8:07 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The employer may allow but the Judge will not. File a Motion to restore coverage or for the Wife to pay medical bills.
Answered on Jul 11th, 2014 at 8:06 AM
If there are no Court Orders in place prohibiting your removal, I believe she can remove you.
Answered on Jul 11th, 2014 at 8:02 AM