Q: Can I remove my husband from my car insurance before filing for divorce in Ohio?
I am currently separated from my husband, and although we haven't started the divorce process yet, I plan to file once I can hire an attorney. I am the primary member and payee on my car insurance policy and wish to remove my husband. We both live in Ohio. My insurance company mentioned they could remove him but are required to notify him by written letter, pending the final divorce decree. His vehicles are only registered to him at his address, and he is driving them. Am I allowed to remove him from the policy before filing for divorce?
A:
Ohio Pre-Divorce Insurance Modification Analysis
You maintain the legal right to modify your own insurance policies during separation prior to divorce filing in Ohio, particularly since you're the primary policyholder and your husband maintains separate vehicles registered at his address. Ohio law recognizes that separated spouses often begin disentangling financial obligations before formal divorce proceedings, and insurance policies represent one area where individuals can exercise reasonable financial independence. The insurance company's willingness to process the removal indicates no legal prohibition exists, though their notification requirement follows standard industry practices.
The written notification requirement serves both consumer protection and liability purposes, ensuring your husband knows he needs to secure separate coverage for his vehicles. While this notification might create temporary friction, it simultaneously establishes a clear timeline of financial separation that could prove beneficial during eventual divorce proceedings. Ohio courts generally view reasonable financial separation steps during pre-divorce periods favorably when taken in good faith rather than to deliberately disadvantage the other party.
We recommend proceeding with the removal while documenting all communications with your insurance provider regarding the policy change. Consider sending your husband a courtesy message informing him about the pending insurance change, encouraging him to secure his own coverage, and keeping a record of this communication. This approach demonstrates both financial responsibility regarding your own obligations and reasonable consideration of his need to maintain proper coverage, creating a positive record should questions arise during subsequent divorce proceedings regarding when and how financial separation began.
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