Legal Question in Family Law in California

My ex-spouse is demanding that I add her on my insurance policy, even though a) she hasn't been on my insurance in a year and I started this job after she filed for divorce. She is now threatening my HR department, do I have to add her?


Asked on 8/13/12, 3:41 pm

3 Answers from Attorneys

Not unless there is a court order to do so. There is an automatic restraining order when a divorce case is filed, against CANCELLING insurance, but to require New insurance requires a court order. On the other hand, it may be a good idea to work with her on this to make a deal for a stipulated order that she goes on the policy at her expense or something. When getting a divorce the last thing you want is to have the other spouse have an uninsured catastrophic illness or injury, since as long as you are married, creditors, such as doctors and hospitals, can tap ALL your community property.

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Answered on 8/13/12, 3:50 pm
B. Stuart Walker Law Office of B. Stuart Walker

You are required by the Automatic Temporary Restraining Orders that are contained within the Summons for the Divorce not to cancel insurance, including health. If she was not on your insurance policy when the divorce was filed- then there is not requirement that you add her now. On the other hand if you had her on your insurance when the divorce was filed and dropped her due to change of jobs etc, then the court could order you to add her pending the completion of the divorce or pay for her to get her own. If you don' agree to voluntarily add her to your insurance, - she is out of luck, her only recourse is to go to court requesting an order for you to add her.

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Answered on 8/13/12, 3:55 pm
Anthony Roach Law Office of Anthony A. Roach

What does your divorce judgment say?

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Answered on 8/13/12, 3:55 pm


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