Legal Question in Family Law in California
Seperated from my husband and filing for divorce, I have medical insurance open enrollment this month. Can I drop him from my plan or must he stay on until our divorce is final?
2 Answers from Attorneys
When you file your divorce, there will be orders precluding cancellation of insurance.
Ms. Kock is correct. If neither of you have filed, you can drop him. Once a divorce is on file you cannot. Bear in mind, however, that you have a fiduciary duty to each other and a judge could order you to add him back if possible, or order you to participate in paying for insurance for him. Most family law judges do not look kindly on people who try to "stick it" to their spouse financially. You may be better off leaving him on and then asking for an order that he pay the additional cost of keeping him on the plan while the divorce is pending.