subject: Do not cancel your spouse's health Insurance During the Divorce in Rhode Island! [print this page] Do not cancel your spouse's health Insurance During the Divorce in Rhode Island!
No. In Rhode Island an automatic Court order enters in every divorce case preventing a spouse from cancelling their spouse from health or dental insurance while the Rhode Island Divorce is pending. Paragraph # 4 of the Rhode Island Family Court Automatic Court order states:
"4. Neither party shall cause the other party or the children of the marriage to be removed from any medical, hospital and/or dental insurance coverage, and each party shall maintain the existing medical, hospital, and dental insurance coverage in full force and effect."This Automatic Court order legally binds the plaintiff when the plaintiff signs the divorce complaint. The Automatic Court order legallybinds the Defendant when the defendant is served with the divorce complaint. A person who violates the Automatic Court orders can be held in Contempt and punished accordingly
Even though it is technically not contempt to remove your spouse in anticipation of filing for divorce, it is a very bad idea. In all likelihood the judge will order you to restore your spouse's insurance coverage. It is also possible that you could be held liable to pay all of your spouse medical bills! That could be thousands of dollars of exposure.
In order to cancel health insurance or remove a spouse from health insurance during a Rhode Island Divorce there must be a Court order allowing it or a consent stipulation signed by the Judges. Please discuss these issues with your Rhode Island Divorce Lawyer. Unlawful Removal of a spouse from an employer providedHealth or dentalinsurance or other health insurance without an order tends to anger Rhode Island Family Court Judges
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