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Can my husband take me off his health insurance before the divorce? We are only separated right now.

San Luis Obispo, CA |

I have medical issues and have been seeing a doctor, but my husband threatens to take me off. I have not received divorce papers yet, but he has told me he has filed.

Attorney Answers 3


  1. If he has filed, he is already under a restraining order not to remove you from the health insurance. If he has not filed, he may do so. But, then you should file and get to court and get an order to have him reinstate you. You should see an attorney ASAP and educate yourself about your rights and what you can expect during this process.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.


  2. I agree with Mr. Schwerin's response. Your husband has the power, but perhaps not the right to remove you from his employment-related health insurance if he has not yet filed a Divorce case. If he has not yet removed you from that health coverage, you could file and have him served with Divorce papers - the reverse side of the Summons contains Automatic Restraining Orders which would restrain him from removing you from that coverage. Those orders are enforceable by Contempt proceedings, among others.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  3. I agree with the answers given. However, you should be aware that some health insurance policies will prohibit coverage for you if you are separated. You should get an attorney. You can also go to your local county court house and see if there are divorce papers on file. If he is just jerking you around, you still need to see an attorney. If you have medical issues, there is a lot at stake here.