Health Insurance During a Divorce

Health insurance can be a very expensive thing to uphold for families.  It is common that a spouse will want to remove their ex-spouse off of their health insurance policy to try and save money.  However, timing is very important and one should not remove a spouse prematurely.

Typically, health insurance is considered an urgent and necessary issue.  The court will usually hear an emergency motion regarding placing someone back onto a health insurance policy, so as to maintain the status quo during a divorce.  A litigant should never take their spouse off of their health insurance policy during the dependency, as that disrupts the status quo and exposes that party to an emergency motion.  An emergency motion causes an increased cost of litigation, and typically, the Judge will order the party who removed their spouse to place the other party back onto the insurance plan, to maintain the status quo.  None of this is cost effective and can be avoided.

Additionally, in the event that a party who was formerly covered by their spouse’s health insurance policy is prematurely removed and doesn’t realize it, or cannot obtain other coverage, the costs that party pays to cover their health and medical issues could be argued as dissipation at a trial.  This is also not cost effective.  For all of these reasons, one should never remove their spouse from a health insurance policy prematurely.

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