Elverta, CA asked in Divorce and Family Law for California

Q: Can my wife remove me from health insurance that she has through her employer while divorce proceedings are ongoing?

Stanislaus County, I just found out that my wife had me taken off health insurance by her employer. I do not have health insurance offered through my employer. This has left me uninsured, as I found out on Dec. 1, and even if I can secure my own coverage, it won't take effect until Jan 1 2024. My understanding is that she is not legally allowed to do this while divorce proceedings are ongoing. How do I get her to add my back on so that I am not uninsured for the next month. NOTE: I received NO NOTICE of this, and did not find out until I tried to fill an RX.

Thank You!

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, during divorce proceedings, both parties are generally prohibited from making significant changes to insurance policies, including health insurance, due to automatic temporary restraining orders that come into effect with the divorce petition. This means your wife may not have been permitted to remove you from her health insurance without court approval or your consent.

To address this situation, you should immediately inform your divorce attorney about this development. Your attorney can take steps to rectify the situation, which may include filing a motion with the court to have you reinstated on the insurance policy. The court can order your wife to reinstate your coverage if it finds that she violated the restraining order.

In the meantime, explore temporary health insurance options or state-sponsored programs to ensure you have coverage until this issue is resolved. It's crucial to act quickly to minimize the time you are without health insurance.

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