When can I remove ex-wife from medical insurance ?

Family Law 3 views 3 answers
Five month marriage in California. Separated in May and served ex-wife divorce papaers in June. The six month waiting period ends in December '12. Do I have to wait till December to remove ex-wife from my medical insurance OR can I remove her during the open enrollment period in October ?

Attorney Answers

3
Isileli Mataele ·
The automatic restraining order means you cannot change any policy unless the court approves it or if the parties agree.
0 upvotes
Donald Conviser ·
You cannot remove your wife from your medical insurance until a Judgment of Dissolution dissolving your marital status has been filed and entered by the Court. The 6-month waiting period is immaterial, unless the Judgment has been filed and entered before the end of that 6-month period - in which case, the Judgment will specify when the marital status has been dissolved. You will be in violation of the Automatic Temporary Restraining Orders if you remove your wife from your medical insurance before a judgment dissolving your marital status has been filed and entered. The case does not automatically go to judgment - you have to file and/or serve certain documents to get a judgment. You would best retain, or at least consult, an experienced Family Law Attorney regarding your divorce.
0 upvotes
Scott Maccabe ·
Assuming your former wife does not have her own insurance, in which case you could work this out and memorialize an agreement - do not take her off the insurance until you are returned to single status in December.
0 upvotes

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