Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.
In order to be in contempt of court, there would have to be a court order in place that requires you to maintain medical insurance for your ex.
Do you know if your divorce decree or property settlement agreement or spousal support agreement says anything about you maintaining him on your insurance plan?
We are not yet divorced nor have we had a court date....he keeps delaying it because I think he just wanted me to continiue paying for his health insurancd
In that case, I can't understand the allegation of contempt. You should first ask the attorney what basis he claims that you're in contempt.
There's no requirement that one spouse keep another insured by default. Thus, your initial inquiry needs to be what grounds are there to support the allegation that you're in contempt. If there's no court order, then I don't see any wrong.
It is possible that you will be required to provide him insurance on your plan if he can't get insurance on his own. IF that is ordered, and enrollment isn't open, then there could be a period where he's not insured or where he would have to get an individual policy until you could enroll him.
However, alleging that to you at this point is premature. IF you have an attorney, I would just consult him/her about it and then respond. If you don't have an attorney (and you don't plan to get one), then you should ask how you're in contempt without a court order and see what the response is.
Can I check something tomorrow and get back to you?
huaband's attorney is getting a court order to have him reinstated on my insurance. Can he do that? and if yes, can it be stated that husband must pay all co pays.