State of Minnesota Car Insurance Rules in Divorce

by Teo Spengler
You cannot remove your spouse from auto insurance during the divorce.

You cannot remove your spouse from auto insurance during the divorce.

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A divorce changes everything in the life of a couple, but the laws in Minnesota give spouses a chance to catch their breath. The initiating divorce document in Minnesota, termed a petition for dissolution, must be served on your spouse with a legal form called a summons. The summons essentially pushes the pause button on hasty financial action. Filing for divorce may have an effect on your car insurance in Minnesota.

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Temporary Restraining Order

The summons that is served with the initial divorce filing imposes a temporary restraining order on both spouses. The order prevents either spouse from disposing of any marital assets during the divorce other than to pay for the necessities of living or pay the fees of a divorce attorney. It also precludes one spouse from removing the other from any insurance that is in effect at the time of the divorce, including auto insurance. Coverage cannot be altered until the court has issued a divorce order or the couple has reached an amicable settlement.

Minnesota Divorce Law

Minnesota is an "equitable division" state. This means that the court divides all of a couple's property in a manner that is fair, but not necessarily split down the middle. If the couple has two cars, for example, each spouse might be given one car in the divorce. On the other hand, if the couple has only one vehicle, it will likely be assigned to one spouse and the other given assets of similar value. Regardless of who takes title after the divorce, both spouses are equally liable for the automobile insurance in Minnesota as long as they reside in the same house.