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.
Divorce / Separation Lawyer
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.
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
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Personal Injury Lawyer
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.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Personal Injury Lawyer
Without a court order prohibiting cancellation, the other spoce may do as he'she chooses.