Can I take my spouse off our health insurance?

It is no suprise to anyone that the costs associated with health insurance coverage can be a signficant line item in a family budget.  Even if provided and subsidized by an employer, the costs can be staggering.  Add the costs of auto insurance in New Jersey and homeowners insurce, a great deal of money is committed to maintaining insurnce coveage.  When facing “new” costs related to your divorce such as new housing, additional babysitters, and legal fees, it is normal to look for ways to trim your budget and free up cash.  But dropping your spouse from insurance coverage is not permissible without their consent or a court order is impermissible. 

Court Rule dictates stability

The New Jersey Court rules dictate that any insurance coverage in place during the 90 days preceeding the filing of a Complaint for Divorce must remain in place until such time as the parties agree or the court order changes to be made.  To help identify the coverage that is in place and subject to control under the Rule, each party completes and files with the Court a Certification of Insurance coverage.  The more information that is contained on this disclosure, the easier it will be to monitor the status of any insurance policies that are in place.  

Exception with autho insurance

There are certain auto isurance policies that will deny coverage if a vehcile is no longer at the address of the poicy holder.  This can come into play when one party moves out of the marital residence.  In this regard, it is prudent to review your policy and work with the other party to make sure that each vehcile is properly insured.

About Sandy Durst

Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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