Now that you’ve filed for a divorce, you are wondering if you can cancel your spouse’s insurance coverage. The answer is no. Once one party files a Summons and Petition in a dissolution or legal separation of a marriage of domestic partnership, both parties are restrained from cancelling any insurance policies held for the benefit of the other party until they are legally divorced. When filing a Summons and Petition for a divorce or legal separation, both parties are automatically restrained from “Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability held for the benefit of the parties and their minor child or children.” Should one party fail to adhere to this restraining order and cancel any type of insurance plan covering the other party, he or she can be liable for any out of pocket costs incurred by the party whose insurance was cancelled. In addition, the cancelling party may be sanctioned by the Court. It is very important to maintain any type of open insurance policies for the benefit of either party until your divorce is finalized.
Need help with adoption, annulment, collaborative divorce, community property, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements? Family Law questions go beyond the limits defined in this blog. For more information, call or e-mail the Law Offices of Richard E. Bawden, State Certified Family Law Specialist. The Law Office of Richard E.Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa,Beaumont, Banning and Hemet.