QUESTION
If I am legally separated from my husband is he required to keep me on his medical insurance until we are divorced if I have no insurance of my own?
Asked on Jun 03rd, 2013 on Divorce - California
More details to this question:
My husband had me on his medical insurance and then dropped me without notification. Is he required by law in the state of CA to keep me on his insurance until we divorce?
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He should have kept you on insurance.? You could file a motion in the separation case to require him to pay for the portion that should have been insured.
Answered on Jun 06th, 2013 at 3:00 AM
If you filed for legal separation then he can not drop you. If you just separated, but no legal action has been filed then you are without protection unless the plan itself has rules to protect spouses.
Answered on Jun 06th, 2013 at 2:59 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Depends on his plan. If you have a judgment of legal separation his plan may require you be removed. If you are just separated then he has to keep you on his insurance. Get a court order that he reinstate you.
Answered on Jun 03rd, 2013 at 10:22 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, while the divorce is pending, all insurance must stay in place unless there is a written agreement of the parties or the court orders otherwise.
Answered on Jun 03rd, 2013 at 10:21 PM