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Will A Judge Make The Other Parent Continue Health Coverage For Children In A Divorce Decree?


Rhode Island Family Court judges are primarily concerned with best interests of children, and they will always be concerned that children remain covered on health insurance. There is some benefit to continuing to cover your children on your health insurance because you get a credit for that when there is a child support calculation. Certainly, it’s advantageous to the entire divorcing family, as it will be a lot more costly if the children are not covered by health insurance.

Can I Remove My Soon To Be Ex From My Health Care Coverage Plan Before I File For Divorce?

There is nothing barring your ability to remove your ex from your health insurance plan prior to filing for divorce because the court doesn’t have power or jurisdiction to make you do anything prior to bringing your marriage into court. However, once the divorce is filed, automatic orders immediately go into effect with the court that require that everything remain status quo, with respect to health insurance and finances. Parents are, for example, barred from removing their children. If the court learns that just prior to filing a divorce, one spouse kicked the other spouse off health insurance, it is not going to be something that the court is happy about.

We tell our clients that the most reasonable person in the room always wins and the court will see that as unreasonable and as an unfair tactic. If you kick your spouse off of health insurance and then they need some serious health care, the court does have the power and the right to order that you put them back on.

How Can I Get Personal Things From My House If The Other Party Is Still Living There?

Your personal property, prior to filing for divorce, is fair game. After the divorce is filed, those items are usually negotiated. For example, if someone wants to move out during the divorce, they will negotiate the things that they’ll be able to bring with them. It’s usually decided by a court order, where they’re allowed to bring certain things, like their clothing, items that are very personal to them, and items that they brought into the marriage. Then, there would be an agreement struck or a hearing where the judge would have to intervene to determine what other items could be removed from the home during the divorce or as part of the final agreement. There would be a clause that describes which items each party is going to receive.

What Can I Do If My Ex Isn’t Complying With The Terms Of The Divorce Decree?

If one of the parties fails to do what is outlined in a divorce decree, then they are in contempt of court. I always encourage my clients to write them a formal certified letter outlining how they have violated the terms of the decree and give them a reasonable amount of time to correct this. If they don’t, the next step would be for us to go back to court and file a motion to a judge that the party is in contempt, where that party will be facing legal fees, sanction fines, or even incarceration.

For more information on continuing health care coverage for children, a free consultation is your next best step. Get the information and legal answers you are seeking by calling 401-589-5599 today.

Our senior attorney, Veronica Assalone, is proficient in Spanish, French, German, Italian and American Sign Language. Our office assistant speaks Spanish.