Legal Question in Family Law in New Jersey

Healthcare insurance

I have been separated legally for one year. Can I remove my soon to be ex spouse before the official divorce date? Or do I have to wait till then? Spouse does have a full time job presently, for more than three months, and when offered insurance by employer spouse declined.


Asked on 2/06/06, 10:50 pm

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Healthcare insurance

When you file a divorce you have to file an affidavit of insurance. Under New Jersey Court Rule 5:4-2(f).....Insurance coverage identified in the affidavit shall be maintained pending further order of the court. So, you have to maintain the insurance until the divorce is final. Once the divorce is final, upon proper notice to your spouse, you can stop the insurance. However, you might have to offer some sort of continuation coverage at her cost. I would check with your current attorney and/or the human resources of your company. Good luck.

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Answered on 2/07/06, 8:55 am
Robert Davies The Davies Law Firm, P.A.

Re: Healthcare insurance

You should ask your divorce attorney to answer this question. If you do not have a divorce attorney, then hire one immediately. There is a great deal of money at risk. Please understand that the rules and laws concerning divorce are complex, and what you do not know will hurt you.

There is no single answer to your question. You may be able to make an agreement with your spouse settling the issues, but you have to be careful and have expert advice when you do that; that agreement could state when you can cut off health insurance. Please do not take any action without an attorney's advice.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/07/06, 10:09 am


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