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

Asked about 2 years ago - 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. Michael Charles Schwerin

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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... more
  2. Donald Frederick Conviser

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. Helen Lou Marsh

    Contributor Level 7

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alternatives to divorce

Divorce is not the only solution to marital difficulties. Marriage counseling, legal separation, or annulment are other alternatives.

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