Course of action/who gets what?

UPDATED: Oct 1, 2022

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Course of action/who gets what?

My wife and I have been married for 7 years. We have no children and live in an apartment with both names on the lease. We share my bank account I added her when we got married and we also purchase auto and property insurance from said bank. She is on my health, dental and vision insurance which I recieve as a work benefit. We have 2 cars, one we own and is in her name and a second, which we lease but is in my name. I would like to move out, and remove her from my bank account and benefits. I will give her an opportunity to get her own account but can I legally shut her out like that?

Asked on September 23, 2017 under Family Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I think that you need to seek legal help asap.  First, generally speaking, you can not remove people from health insurance unless it is the open enrollment period or there is a "qualifying event" such as a divorce.  If you remove her now when you go to court they may telkl you to pay comparable insurance for her at your own expense until the divorce is finalized. Also, those funds in the joint account: marital.  If you don't have a date certain that the marriage ended (and by that I mean a LEGAL date certian not just some date you picked), taking it all will cost you in the end as well. Do this right: seek legal help in starting an action for divorce and dissolving your ties all around. 

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