If you are separated from your spouse, can he dropped you from the medical insurance before the divorce is final?

UPDATED: May 31, 2012

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If you are separated from your spouse, can he dropped you from the medical insurance before the divorce is final?

Asked on May 31, 2012 under Family Law, Indiana


Michael Gainer / Michael J. Gainer, Attorney At Law

Answered 10 years ago | Contributor

It depends on the state and county where the divorce is pending.  In Spokane County, WA, where I practice, as soon as a divorce action is started, the court issues an automatic order that prohibits parties from cancelling insurance without court order or agreement.  This helps prevent the problem you describe.  I've had situations where one party cancels auto insurance and the other party gets in an accident.  Spouse who cancelled may be liable for damages.

If a spouse is threatening to cancel or has cancelled insurance, the first step I would recommend is explaining to spouse that they should not do so or they will incur unnecessary costs, liability, reimbursement and possibly penalties as described below. 

Next, try contacting the insurer to see if you can get some help. 

If you are unable to get help there, you should either try and get a temporary order requiring him to keep you on or reinstate you. 

You can also get your own insurance or pay for care and ask the court to award you the cost of this in the final divorce order. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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