QUESTION
Is it ok for spouse to remove the other in medical Insurance during open enrollment knowing they will soon file for divorce and not mentioning it o
Asked on Nov 29th, 2012 on Child Support - California
More details to this question:
My spouse removed me form medical insurance during open enrollment at work. So I world have no coverage starting next year. We still live in the same house with our kids. We are soon to file divorce. Should have been done a few months back. we want a uncontested divorce and even talk about keeping me on the medical insurance until it was final. Being I'm unemployed and cause I thought we wanted a friendly divorce. Today she tells me she deleted me from open enrollment for next year. Saying enrollment is closed already. My question is..... Knowing that we would file divorce soon, maybe start of next year, Did my spouse commit any unlawful act?
1 ANSWER
Family Law Attorney serving San Rafael, CA
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Richard Helzberg
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I'd tell her she had better find a way to reinstate coverage before she files for divorce or that will be a divorce issue and an absolute obstacle to an uncontested divorce. She had a fiduciary duty to you, an obligation to treat you ti the highest level of trust regarding financial matters (as you do to her), and what she had done, arguably, breaches that duty.
Answered on Dec 02nd, 2012 at 4:19 PM