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.

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.

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.

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

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


Related articles

Can Divorce Proceedings in Arizona Be Stop by the Petitioner?

If you've already filed for divorce in Arizona, but the divorce has not yet been finalized, you can stop the proceedings. However, the requirements for stopping the divorce differ, depending on how far along you are in the process.

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.

In Arizona, What Happens After the Waiting Period in Your Divorce?

Many states, including Arizona, have built time periods into their divorce legislation, during which a case cannot move forward. In Arizona, this waiting period is 60 days, and it allows spouses time to reconsider before their divorce is finalized. Under the best of circumstances, the soonest you can be divorced in this state is 61 days after you have your spouse served with your paperwork.

Get Divorced Online

Related articles

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 ...

State of Oregon Divorce Decree

In Oregon, a divorce decree — also called a judgment of dissolution of marriage — is the court order that both ...

Divorce Laws on Court-Ordered Health Insurance

Divorce changes your legal status, and you may lose health insurance benefits because you are no longer married. Your ...

Can You File Bankruptcy if You Already Have Judgments Against You?

Filing for bankruptcy can protect you from creditor actions, such as wage garnishment -- and may free you from some ...

Browse by category
Ready to Begin? GET STARTED