Legal Question in Family Law in New Jersey
If a couple is going through a separation and the husband who caries the health insurance for the family wants to remove the wife from his health insurance can that be done if the policy has always carried the wife and no divorce papers have been filed yet?
2 Answers from Attorneys
The Court Rules require that the party filing the first papers in an action for divorce certify that
no insurance policy has been cancelled in the last 90 days. Apparently, there is no action for divorce pending. I would think that the husband's support obligation to the wife would not change
so suddenly after a separation and that the wife could go into the Family Part to file a support complaint to require that the medical insurance be continued for the indefinite future.
Quite frankly, the term "going through a separation" leaves a lot of questions. Is it a trial separation or is the relationship finished?
no. there will be serious problems if he does.
and go see a lawyer, you will need one. scrape up the money, but get a lawyer right now.
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