QUESTION
Can my wife, while only separated, remove me (husband) from her health insurance plan prior to divorce?
Asked on Jan 21st, 2016 on Divorce - Michigan
11 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If there is a divorce case filed, there are automatic statutory restraining orders that prohibit a spouse from cancelling any type of insurance.
Answered on Feb 04th, 2016 at 12:20 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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No health coverage may be cancelled. Once the Petitioner has signed the Petition and it is filed, and the Petition has been served on the other spouse neither spouse may remove the other spouse, or children from health coverage, or change the beneficiary of insurance policies, along with other prohibited acts.
Answered on Feb 03rd, 2016 at 4:47 PM
Your wife should not remove you form her health insurance plan without a judge's approval, prior to the finalization of the divorce. If she does or is threatening to do so, I would bring it to the court's attention.
Answered on Feb 03rd, 2016 at 3:46 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes.
Answered on Feb 03rd, 2016 at 3:46 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes, unless a court has said she can't.
Answered on Feb 03rd, 2016 at 3:45 AM
4 Awards
You can seek and obtain a temporary order preventing her from doing this while the divorce is pending. Your attorney will be able to help you do this.
Answered on Feb 02nd, 2016 at 11:24 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on your state, in Florida if nothing has been filed with the court, yes.
Answered on Feb 02nd, 2016 at 8:21 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Usually no. As a policy of the insurance they will not remove spouses unless there is a decree of divorce. But I have seen some policy's not do this. You must file something and get a court order if you want to be sure that you are maintained through the policy through the divorce process.
Answered on Feb 02nd, 2016 at 4:08 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There is no law that requires anyone to insure anyone else. A court would have to order that.
Answered on Feb 02nd, 2016 at 4:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally that would be discouraged, by court order if necessary.
Answered on Feb 02nd, 2016 at 4:08 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Have you moved for a temporary order? Such an order can require the spouse who can get health insurance at a reasonable cost from the employer to cover the other spouse.
Answered on Feb 02nd, 2016 at 4:08 AM