Can spouse cancel health insurance during divorce in Florida?

Asked about 1 year ago - Jupiter, FL

Florida-Spouse provided health insurance through employer for the spouse for 5 consecutive years, while in the middle of the divorce decided to cancel the insurance with less than 1 week notice at the end of the calendar year. Spouse has health issues that spouse was aware of and the insurance was at a cost out of paycheck of less than TEN dollars per month and did not cause a hardship to pay. Spouse is incurring medical costs now with no coverage. Possible surgery and hospitalization in coming days too.

Attorney answers (3)

  1. Daniel A. Bachert

    Contributor Level 14

    3

    Lawyers agree

    Answered . If there is no standing order preventing your spouse from removing you from the insurance then he or she can do so. However, you can file a Motion with the Court requiring your spouse to reinstate the insurance, assuming the plan will allow it, or in the alternative hold your spouse solely responsible for the medical costs you are directly incurring due to the cancellation and/or the costs of the insurance premium you are currently incurring under replacement or cobra coverage.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    Your Divorce, Alimony, Child Support, Adoption Attorneys
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  2. Robert Edward Fenster

    Contributor Level 14

    Answered . Without a court order prohibiting cancellation, the other spoce may do as he'she chooses.

  3. David J. McCormick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Great advice from Attorney Bachert. If you have a divorce attorney that you need to tell them about this ASAP. If not, then file the motion.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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