Legal Question in Family Law in Texas
Can he remove her from his health insurance?
My son is facing a divorce in the near future. He works for a national company and has insurance for his family. Without his knowledge, his wife arranged to have a stomach banding proceedure which (we now know) will take place mid December; she then plans to take the children and leave. He has all he can do to make ends meet as it is.......can he have her removed from his health insurance before she has this proceedure leaving him with bills not covered by the insurance?
Thank you.
1 Answer from Attorneys
Re: Can he remove her from his health insurance?
It would not be advisable for him to remove anyone from his current health insurance.
Generally speaking, in Texas, each spouse is liable for all debts incurred during the marriage.
If he removes her, the Judge at the time of the Final Decree of Divorce might decide to make him responsible for 100% of her bills since he removed her from his insurance knowing that debts would be incurred. Of course, the division of debt would be left up to the Judge and I don't know what the Judge would actually do.
If a separation is going to occur, your son needs to meet with an attorney to learn his rights and duties.
Texas does not have legal separation.
Good luck! Happy Holidays!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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