If my spouse is under my medical insurance plan at work, can I remove him from before divorce papers are filed?

Asked on September 12, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I am not aware of any prohibition on dropping him from the insurance plan BEFORE filing.  However, as you may be aware--based on your astute question, you CANT AFTER filing.  The petition for dissolution has a set of automatic restraining order that prevent both spouses from doing certain things.  One of those prohibitions states that you can't drop the other spouse from any insurance policy.

That said, it's kind of a **ck move, and I would definitely tell the other spouse after doing it, but I am not aware of any law that says you can't do it.

Best of luck.

 


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