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 legally binds 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 provided Health or dental insurance or other health insurance without an order tends to anger Rhode Island Family Court Judges
About the Author:
David Slepkow is a Rhode Island Divorce Lawyer concentrating in Divorce, Family law, Restraining Orders, Child Custody, DCYF, Child Support, relocation, Criminal Law, Restraining Orders, Personal Injury and Automobile / Car Accidents. David has been practicing since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial Consultations. Credit Cards Accepted.
You can contact attorney David Slepkow by going to Rhode Island Lawyers / Attorneys or by calling him at 401-437-1100. Also please visit: Rhode Island Divorce Law
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