Can I Remove My Spouse from Medical Insurance During Divorce?

by | Apr 8, 2013 | Firm News |

In your divorce in Folsom you may be wondering if you can remove your spouse from medical insurance during the divorce.  This is a very important question and you should speak to a Folsom divorce attorney immediately to discuss it. 


In almost all California divorces, once the petition and response are served, the court automatically issues orders forbidding either party from canceling or changing the beneficiaries on any insurance policy.  This includes life insurance, health insurance, auto insurance, disability insurance, and the like.  The only way to legally address this automatic order is to obtain the court’s permission to remove a beneficiary from your insurance policy or to obtain your spouse’s consent in writing.  So, you should not remove your spouse, your children, or any other beneficiary from your insurance policies during the divorce.


Failure to follow this automatic court order is contempt of court.  The court can fine you, and the district attorney can even prosecute you for intentional violation of a court order.  Thus it is important that you speak to a Folsom divorce attorney before making any changes to your beneficiaries’ coverage on any insurance policies you hold.


If you are involved in a Folsom divorce case and you want to address concerns with one or more of your beneficiaries, please give us a call.  We can help you understand your court orders and advise you of your legal rights in a free half-hour attorney consultation.