My husband left the home almost a year ago after a 10 year marriage. No divorce or legal separation papers have been filed yet, and we both live in New York City. We have recently completed an order for child support, and the issue of health insurance was raised.
No! He cannot remove you or your child from the insurance. The Courts typically strictly enforce the issue of health insurance coverage.
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A court will usually order and the automatic order on a summons must state:
"ORDERED: Neither party shall cause the other party or the children of the marriage to be
removed from any existing medical, hospital and dental insurance coverage, and each, and each
party shall maintain the existing medical, hospital and dental insurance coverage in full force and
But with respect to the plan itself, see http://www.dfs.ny.gov/insurance/ogco2005/rg050709.htm
Unless there is a court order to the contrary, he can do as he pleases. Thus, if he takes you off the health insurance, I'd advise to file for divorce & request of the Judge that same be restored. Schedule a consult with a Bronx Divorce attorney for a full assessment.
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