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If my spouse files for divorce, can she cancel my health insurance a few days later?.

Oak Creek, WI |

This is Wisconsin--we have had the state safety net health insurance (BadgerCare) as we are low income. Because she is called the "primary" by the insurance company, she was able take me off. The insurance stayed in place for my spouse, my child and my stepchild and I am paying for it as I always have. However now I have no insurance. Isn't there some safeguard from removing a family member before the divorce is final?

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Attorney answers 3

Posted

I can't speak to the insurance company's rules, but from the family court end of things...

There is an obligation of spousal support. So, if you ask for a temporary hearing the court will order her to reinstate the coverage if it is acceptable to the insurance company. I say acceptable because BadgerCare may limit her ability to do so.

My suggestion is to file for a temporary hearing and address this in court.

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.

Posted

I believe there are protections in place to assist you. But, I am not a divorce lawyer. I would encourage you to retain a local divorce lawyer to advise you and to represent you in connection with your divorce. Good luck.

Posted

I see this frequently and I never understand it. It is a foolish decision on her part - you are technically still married and if something happens to you, she will still be liable for your medical bills as marital debts. You should remind her of that fact.

At a temporary hearing, which can occur in the first month or so after filing upon the request of either party, the family court commissioner can order that insurance coverage be reinstated. With that said, however, Badgercare may have its own rules and you will eventually need your own insurance anyway. I encourage you to look at other alternatives including Badgercare for your self or HIRSP which is another state run plan.

You should also seek a consultation with an experienced divorce attorney to make sure all of your rights are protected. See the below link for more information.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

Good answer