Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. To answer your question(s), I need to spell out a few "rules" first. That way, you not only understand "how" but also the "why."
1) There is no mandatory law that a spouse has
to keep the other spouse on an insurance policy. So at any time, he may be dropped. This is at your discretion.
2) If the divorce is uncontested, the Judge allows the parties to make whatever decisions they want. So if there is an agreement that you should keep him on for x amount of time, then once the Judge signs off on this in temporary orders (while the main divorce trial hearing is pending), it is binding. However, this is if
there is such an agreement. If there is not, then you can technically drop him from coverage whenever you wish.
3) The issue here is that if you refuse to agree to maintain him during temporary orders, he may then decide to have this case contested
, which means that the majority of division of assets, etc, is handled by the Court. In uncontested divorces, the Court defers to the parties to make the decisions and then signs off on them. In contested divorces, the Court makes the decision going off law and equity. It is also common for parties to agree to 95% of the split, but then ask the Court to make a decision in regards XXXXX XXXXX 5% that cannot be agreed upon.
4) So the answer is you can remove him now
if you wish, but doing so may hurt this matter being resolved peacefully as an uncontested divorce. Finally, know that even if he remains on the policy, you can then possibly say "sure, but you pay for part of the coverage..." It is a negotiation.
5) Finally, know that once divorce goes though, he cannot be on the policy even if he wanted to because the insurance only covers spouses. He may be dropped, either then and there or at next sign up period. However, he will have the option of COBRA - see here
6) Filing for legal separation if divorce is imminent is somewhat redundant. Understand that even once divorce is filed however, there is a waiting period. The minimum statutory waiting period for a divorce based on irreconcilable differences is 60 days after filing if there are no unmarried minor children and 90 days after filing if the couple have unmarried, minor children.
7) Ergo, temporary orders in the divorce
may be requested (insurance matters included) while the divorce is pending.
I hope this helps and clarifies. Good luck.
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