NJ Health Insurance - Automatic Coverage for Spouses

Question Details: Under NJ law, can one spouse after a domestic dispute during the marriage and before any divorce proceedings, take the other spouse off of their health insurance? Isn't the other spuse authomatically covered?

Asked 9/30/2009 under Divorce, Marriage, Alimony | 429 View(s) | More Legal Topics

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Bruce Hasbrouck / HASBROUCK LAW Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New Jersey

Yes, without reviewing the coverage provided by the insurance carrier I can not provide a final answer.  BUT. in NJ it is contrary to law for one spouse to take the other off their coverage without written consent or a court order.  In factat the time the parties initially get involved with a divorce Both must file an affidavit with the Court as to what insurance exists and are advised of the law about changing it.  If a divorce has been filed and you have reason to think that your spouse has done something that he shouldnt, you can immediate take him to court, prior to the divorce and get an order to enforce your rights  (It is called a "pendente lite" request for relief)

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