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  1. #1
    Join Date
    Aug 2011
    Posts
    3

    Question During Divorce Can My Spouse Legally Take Me Off Health and Vehicle Insurance

    My question involves a marriage in the state of: Wisconsin
    I need to know if my spouse can legally take me off of his health insurance and off our vehicle insurance before the divorce is final. He has a lawyer, I do not. I would ask his lawyer, but not sure if I'd even get a straight answer.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,820

    Default Re: Divorce: Can He Legally Take Me Off Health and Vehicle Insurance

    Unless state law specifically prohibits him from doing so (I'm told that some states do but I've yet to see verification), he can take you off the health insurance plan before the divorce is final IF it is the company's annual open enrollment period, or if there is another qualifying event as defined by the IRS and the plan document. He cannot just unilaterally remove you from the plan.

    I have no information on auto insurance regs - maybe someone else will.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,020

    Default Re: Divorce: Can He Legally Take Me Off Health and Vehicle Insurance

    Unless the vehicle or loan on it, is in his name, if you are legally separated for financial purposes, there is no reason he cannot drop you from his auto insurance policy. That is the purpose of a divorce. It separates the finances and lives of the parties involved.

  4. #4
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    380

    Default Re: Divorce: Can He Legally Take Me Off Health and Vehicle Insurance

    You might want to look up the Wisconsin statutes to determine if a preliminary injunction or temporary order can be entered. Here in Arizona, any Dissolution of Marriage filed includes a Preliminary Injunction that prevents any changes to insurance, bank accounts or property status by either party. The Preliminary Injunction is issued at the time the Petition is filed and signed by the deputy clerk here.

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