Health Insurance and Divorce in California

In San Diego, many spouses have questions about what happens with insurance benefits, whether a legal separation or divorce, and how this will affect their coverage. Given the skyrocketing costs of insurance, whether for optometrist or dentist or medical doctor, insurance coverage is a necessity.

Not being insured can be financially ruinous in the event of a medical emergency. This can be a complicated issue, as with many in family law, and some information is listed below.

Insurance coverage is an issue not only for the spouses but for their minor children as well. In San Diego, in many cases when child support is at issue, the Court will make an Order as to which parent must provide health insurance coverage for the children. This is decided on a case by case basis. The Law Office of Doppelt and Forney, APLC can discuss this most important issue with you in their complimentary virtual consultation.

When a divorce or legal separation is filed in San Diego Family Law Court, there are many pleadings. Among these pleadings is a California Judicial Council Form called a “Summons”. The summons has automatic restraining orders [not a temporary restraining order which is different and {normally} involves domestic violence] which are very significant. There are many of these Standard Family Law Restraining Orders. For purposes of this article, this will only focus on the insurance issues.

The summons is effective upon filing for the Petitioner and effective upon legal and proper service on the Respondent. The summons includes the content that these restraining orders are in effect until a judgment is entered, the case is dismissed, or a Judge makes further orders. The summons specifically states that these orders are enforceable anywhere in San Diego [and California] by any law enforcement officer who is given a copy of these orders or sees the orders. As such, if you believe a violation, you can make copies of the “conformed summons” and place in your car and home for use as needed.

As to the insurance restraining orders, neither spouse can cancel, transfer, borrow against or cash out any insurance policy without a written agreement or court order. In addition, neither spouse can change the coverage and/or beneficiaries of any health, life, automobile or disability which is in effect for the benefit of either the minor children of the parties or the parties themselves. A violation of this order can result in sanctions and, potentially, contempt of court.

The Law Office of Doppelt and Forney, APLC offers a free in-person or virtual consultation up to 30 minutes. During this consultation, you can discuss with an attorney not only insurance issues but also others which are important to you such as the parenting plan and support [both spousal and child] and others. Call 800-769-4748 to schedule. A free in-person or virtual consultation is a very good way to obtain information so you can make an informed and intelligent decision regarding your case. At our law office, your consultation will be with a California Licensed Lawyer and not a staff assistant so you can be assured you are obtaining the most accurate and up to date information. Their law office is conveniently located just off the I-15 with plenty of free parking and easy access.