QUESTION
If going through divorce, can the spouse who holds the insurance remove the other spouse from the policy.
Asked on Jan 11th, 2013 on Family Law - Oklahoma
More details to this question:
Husband carries insurance through employer. He is filing for divorce and wants to remove his wife to "protect himself". Wife has cheated on him during marriage and has destroyed their credit financially. She is mentally ill and we finally got her set up for intensive outpatient therapy. Husband told us last night of his plan to file for divorce and remove her from insurance. We need to know if he can legally remove her while they are separated and going through divorce. This is in regards to my husband's sister. My husband is the one who is taking control of her to get her well. She is 48 years old.
1 ANSWER
Removing her would not be wise. When you file for divorce, an automatic injunction goes into effect that precludes him from changing the insurance. Before that, he is free to do so, but it is not smart. First, the judge could hold it against him in the divorce case. Second, under Oklahoma law, spouses are liable for each other's necessary medical treatment. If she is not insured, he can wind up paying out of his own pocket.
Answered on Jan 11th, 2013 at 11:38 AM