As an experienced New Jersey Divorce Lawyer, when someone tells me that their spouse is threatening to stop paying their health insurance, the first question I want to know is are they in the process of a divorce. If a complaint for divorce is filed and a spouse tries to terminate or shut down any of the insurances, they can’t do it. They can do it because it’s not like there’s a magician out there watching these people, but they do it, and the recourse is the lawyer would go in and file an application and ask a judge to order that the individual put the insurances back on. In the worst-case scenario, where you have automobile or something current like health insurance, if you were involved in some medical issue and you didn’t have health insurance because your spouse shut the health insurance down two weeks earlier and you’re in the middle of this divorce process, those medical fees could be assigned to the spouse that shut the health insurance down.
They can’t do it if you filed a complaint for divorce and you’re in the process. If you haven’t filed your complaint for divorce and your spouse shuts your auto insurance down, you can’t do anything about it unless you’re filing the divorce and/or if there’s some level of domestic violence, where the individual is abusing you emotionally and, i.e., controlling you with the money and shutting down the insurance at some level of harassment. You may be able to go in and look whether that would satisfy under the temporary restraining order, as well. The two component parts of somebody who’s got insurances being shut down is do you have a divorce going – you may want to file your divorce action right away at that point if it’s not – and if a divorce action is being filed, you can go to a judge and get a judge to force the other side to put back the insurances.
Is your spouse threatening to terminate your health insurance? If so, contact the experienced New Jersey Divorce Lawyer Christopher Leon Garibian.
This educational blog was brought to you by Christopher Leon Garibian, an experienced New Jersey Divorce Lawyer.