QUESTION
If you are pregnant and seeking a divorce, does your spouse have to continue to provide health coverage for the pregnancy?
Asked on Jan 20th, 2014 on Divorce - Rhode Island
6 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Pursuant to the Preliminary Injunction entered in all dissolution cases in Arizona, a party is not allowed to cancel or change insurance coverage, pending either an order from the Judge allowing a party to do so, or a written agreement of the parties. Once the dissolution is final your spouse will almost certainly be unable to maintain you on his health coverage, but may be ordered by the court to maintain available coverage for the child. You should consult with a local experienced family law attorney to discuss these issues and your options.
Answered on Jan 24th, 2014 at 7:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney and get a temporary order to maintain the status quo, including insurance coverage.
Answered on Jan 23rd, 2014 at 10:37 PM
Even without pregnancy, health insurance must be maintained during the dissolution proceedings pursuant to the standard restraining orders that are listed on the back of the summons.
Answered on Jan 22nd, 2014 at 8:54 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes and the divorce will be able to be completed once the child is born, but not until then.
Answered on Jan 22nd, 2014 at 8:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Until you are divorced, you should be under his plan. He should not be able to take you off until you are divorced.
Answered on Jan 22nd, 2014 at 8:53 PM
4 Awards
That would be a very reasonable temporary order. Nebraska law allows health insurance continuance for 6 months after the date of final Decree. You will not be able to finalize the divorce until the child is born, however, because custody, parenting time, and support must be established during the proceedings. This can be a tricky situation, and you will need to at least consult with an attorney to know your options.
Answered on Jan 22nd, 2014 at 8:52 PM