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Can I remove my spouse from my medical insurance health plan since divorce has been filed in CA state

Corona, CA |

Do I have to keep my spouse on my major medical and hospitilization coverage? My enrollment period is approaching soon and we have been separated for four months now and I am ready to file for the divorce. She does have the opportunity to acquire coverage from her own employer.

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Attorney answers 1


Are you legally separated (i.e. a Petition for legal separation was filed with the court)? The Summons which is served with a Petition for legal separation and/or dissolution/divorce contains certain restraining orders, one of which requires that health insurance be maintained as it was prior to filing until further order of the court. Since I do not know all of the facts of your case, I recommend that you consult with an attorney in your area that focuses on family law.

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