Katy, TX asked in Divorce for Missouri

Q: Is my husband legally allowed to remove me from medical insurance before we have even started to filed for divorce?

Husband and I have been separated for almost 8 yrs. He is now wanting to go on to filing for divorce. I have a back and neck injury, currently going through treatment and surgeries. He is threatening to take me off of health insurance before starting the divorce process, leaving me with no health insurance. Need to know if he is legally allowed to take me off before the divorce is final or even started the divorce process.

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1 Lawyer Answer

A: This sounds like a really tough situation, especially with your ongoing medical treatment. Generally speaking, in most states, including Missouri, once a divorce is filed, there are temporary restraining orders that prevent either spouse from making major changes, like canceling health insurance, until the divorce is finalized. These orders aim to maintain the status quo so neither party is left without critical things like insurance, finances, or access to property while the divorce is pending.

Since you haven’t started the divorce process yet, technically, your husband may be able to remove you from his health insurance if you're still separated and not actively in the divorce process. However, this can depend on the specifics of the health insurance policy and your separation agreement (if you have one). Many employer-provided health insurance policies allow coverage for a spouse until a divorce is finalized, but employers aren’t usually required to keep you on the policy after separation.

Given that you have ongoing medical treatments, you might want to talk to a family law attorney who can explain what steps you can take to protect yourself, especially if he follows through with the threat. Once the divorce process starts, there would likely be legal protections in place to stop him from cutting off your insurance before the divorce is finalized.

It’s a good idea to act quickly, especially since losing health insurance during surgeries and treatments could be devastating. An attorney could help you understand your options and what you can do to make sure you're covered during this process.

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