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?


Asked on 11/20/12, 2:36 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

When you file your divorce, there will be orders precluding cancellation of insurance.

Read more
Answered on 11/20/12, 3:26 pm

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.

Read more
Answered on 11/20/12, 3:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California