I have a restraining order against my husband for 1 year. He had major surgery last year and his health is still in bad shape. He is still on my health insurance and he does not have a job. We now have to go to mediation because he wants me to continue to keep him on my insurance and he can not pay child support. I do not make a lot of money and I am supporting 1 teenager and 1 young adult. I pay all of the bills and I am not receiving any support from him. I started his disability claim for him while he was in the hospital. I do not know if his claim is pending or not as his Mother took over his affairs as his POA.
If you have a family law case pending in Duval County, an order has been entered in your case that prohibits you from removing him from your insurance without court permission. The order is called the Standing Family Law Order.
Most counties have standing orders such as Duval's that require no changes to insurance during the time your divorce action is pending. Unless ordered otherwise, once you are divorced, you should be able to remove your ex-husband from your insurance. (Most family insurance plans require you to be married to stay on your policy).
Use of an attorney can usually speed up the divorce process significantly. Please let us know if these answers are helpful by hitting the helpful button. Good luck.
I agree with Mr. Mullaney, as long as their is a pending divorce, you cannot remove your husband from your health insurance. What happens after the divorce is finalized is another story. You should consult with an attorney if you are not using one. Good luck.
B. Elaine Jones, Esq.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline