Legal Question in Family Law in California
Continued Health Benefits
My husband and I are currently in the middle of a divorce and it will be final in a month or two. By law, do I have to continue to provide him health benefits through my work or can I take him off at any time? Does he have to pay me for the benefits?
2 Answers from Attorneys
Re: Continued Health Benefits
Unless your prelminary or temporary divorce proceeding orders require you to maintain him on your insurance, you are probably free to drop him. However, sometimes local court rules require parties to refrain from changing circumstances without court approval. You probably should make a phone call to a local attorney familiar with the court in question to see if you can do this.
Reply: Continued Health Benefits
When a divorce is filed, automatic temporary restraining orders are issued. One of those ATRO's prevent you from changing beneficiaries on insurance policies. Once the Judgment is filed, and assuming nothing is contained therein to the contrary, you can go ahead and delete him.
Before doing anything, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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