Terminated Health Insurance Before Divorce

By Beverly Bird

Most states put a freeze on assets and other economic issues when you file for divorce. You're prohibited from changing anything, and this usually includes insurance coverage. In some jurisdictions, this is more than an unspoken rule. Depending on where you live, the court may issue temporary orders prohibiting you from terminating health insurance coverage, or you may have to sign a sworn affidavit, promising not to.

Most states put a freeze on assets and other economic issues when you file for divorce. You're prohibited from changing anything, and this usually includes insurance coverage. In some jurisdictions, this is more than an unspoken rule. Depending on where you live, the court may issue temporary orders prohibiting you from terminating health insurance coverage, or you may have to sign a sworn affidavit, promising not to.

Before Filing for Divorce

Some states, like New Jersey, require that you submit an affidavit with your complaint for divorce when you file, telling the court what insurance coverage your family has in place. You also must state whether you've made any changes to these policies within the preceding 90 days, and you're barred from changing them going forward -- at least until your divorce is final or the court grants you special permission.

Divorce is never easy, but we can help. Learn More

After Filing

Other states, such as California, automatically issue restraining orders when one spouse files for divorce. These orders bar both spouses from canceling or changing insurance coverage during the proceedings. You can't terminate the policy or remove your spouse or children from its coverage until your divorce is final.

Penalties for Termination

The penalties for breaking insurance rules can be severe. For example, in California, you can be charged with contempt of court if you break the terms of the restraining order. Repercussions of cancellation vary by state, so if you've filed for divorce -- or if you're thinking about it -- don't change any of your family's health insurance coverage until you've spoken with a local lawyer.

Divorce is never easy, but we can help. Learn More
Insurance Between Filing & Divorce

References

Related articles

Pennsylvania Divorce Law & Injunctions

An injunction is a court order that stops the parties to a lawsuit from taking matters into their own hands. Injunctions can be useful in divorce situations when emotions run high and spouses might be inclined to act impulsively or out of character. In some states, injunctions automatically go into place when a spouse files for divorce, but this isn't the case in Pennsylvania.

Sole Custody Vs. Joint Legal Custody

When you’re going through a divorce, it might seem like everyone has some advice to give. The problem with unequivocally believing whatever they say is that they might not have a firm handle on the legal meaning of various divorce terms. If you have children, it can benefit you to fully understand all the terms involved in custody so you know what you're requesting and how it will affect you and your children.

How to Get a Divorce Out of State

If your marriage is headed for divorce, filing in another state might offer some advantages. The laws might allow finalization of your divorce more quickly than your current jurisdiction. You might want to move because your marriage has ended, and you don’t want to wait to relocate until it is officially over. The divorce process in most states is very similar, but some practical considerations apply.

Get Divorced Online

Related articles

How Long Does it Take for a Restraining Order in California?

California is one of a handful of states that provide for automatic temporary restraining orders, or ATROs, during ...

Can One Spouse Cancel a Joint Insurance Policy During a Divorce?

Divorce can take several months from start to finish, and spouses sometimes find it difficult to work together on ...

Military Divorce Spousal Benefits

Unlike most spouses, those married to members of the United States military have the federal government in their corner ...

Rights After Filing for Divorce

Although filing a complaint or petition for divorce sets the wheels in motion to end your marriage, it’s not ...

Browse by category