Legal Question in Family Law in California
Insurance and divorce
Is it legal for my husband to cut me off from his insurance before our divorce is final? It will be final this June.
3 Answers from Attorneys
Re: Insurance and divorce
Medical insurance through his employer will continue to cover you until the marriage is terminated. In this case the termination of the coverage was probably a violation of the automatic temporary restraining order. The consequences to him could a large medical bill.
Re: Insurance and divorce
Automatic Restraining Orders were put in place when the divorces was filed. One of these orders prevents what your husband has done.
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Re: Insurance and divorce
If your husband gets his insurance through his work, once the plan administrator finds out that you and your husband are separated, the administrator will terminate the insurance payable to you and issue COBRA benefits. COBRA benefits allow you to pay a premium for 6 months so that you have health insurance coverage. You may be able to get a court order requiring your husband to pay the COBRA premium, and when that expires, to pay for a regular health insurance policy or spousal support.