Legal Question in Family Law in California
Divorce
My spouse has filed for legal seperation (soon to be amended to divorce) therefore, do I still have to keep her covered on my medical?
2 Answers from Attorneys
Re: Divorce
Well you have left out some information. Do you have kids? Is she on your work insurance? Have you discussed the matter with the soon to be ex? If you are in a divorce, the court prevents any party from changing insurance so to prevent retaliation and prejudice during the process. If you have kids, the court will require someone to have insurance on them. So you probably need to as a practical matter keep the insurance to avoid a lapse that can cause a uninsured problem that will be very messy during a divorce. good luck. Mark.
Re: Divorce
Look at the back of the summons served with the petition, particularly paragraph 2. As I read this paragraph and understand the law, you are prohibited from removing your wife from the medical insurance policy without her consent, or court order prior to the marriage being terminated is a violation of the restraining order.