In VA. Husband took me off insurance before divorce final. Legal?

UPDATED: Oct 1, 2022

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In VA. Husband took me off insurance before divorce final. Legal?

My husband and I are going
through a divorce. It is
open enrollment for him. He
took me off his medical
insurance at work but we
are still married and going
through a nasty divorce
which may last a while.
Doesn’t he have to continue
to cover me until the
divorce is final?

Asked on November 14, 2017 under Family Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Has there been an order entered in to during the pendency of the divorce as to coverage?  Many states have what is called an "automatic stay" provision that prevents one spouse from taking the other off insurance during the pendnecy of the action. I will give you the section of the code to look at but I would definitely call your attorney on this one.  Good luck.
Virginia Code section 20-103 allows a court to enter orders “at any time” while a suit is “pending.” Among the things that a court can order pursuant to this provision is “an order that the other spouse provide health care coverage for the petitioning spouse… .” Since the separation period for divorce in Virginia is one year (there are exceptions, however), this allows a spouse to maintain healthcare coverage for this period.

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