Does my spouse have the right to remove me from his/her health insurance and/or life insurance policy prior to our divorce being finalized?

HEALTH/LIFE INSURANCE IN DIVORCE

One very important issue that most spouses find themselves concerned with is how that spouse will provide for his or her health insurance after divorce. Specifically, it is very common in a marriage for one spouse to provide health insurance through his or her employment to the other spouse. When going through a divorce in Berks County, individuals must determine how they will provide for their individual health insurance once their divorce is finalized.

Furthermore, some spouses are concerned that prior to or during the divorce, the other spouse will remove them from his or her health insurance policy. All of these concerns are equally as true regarding life insurance. Fortunately, the Pennsylvania Divorce Code recognizes this dilemma and has enacted 23 Pa.C.S.A. Section 3503(d). That law is entitled "Life Insurance" and states "The Court may direct the continued maintenance and beneficiary designations of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party. Where it is necessary to protect the interests of a party, the Court may also direct the purchase of and beneficiary designations on policies insuring the life or health of either party.

If you are going through a divorce in Berks County and you are fearful that your spouse will try to remove you from his or her health and/or life insurance policies, contact Attorney Joseph A. Guillama to discuss pursuing a Court Order which would prevent your spouse from doing this.