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Wednesday, April 13, 2011

Insurance Policies During Divorce

Am I obligated to continue to pay for the other party's insurance costs after I file the Summons and Petition for divorce?

On the back side of the Summons, it specifically states exactly what restraint a party is under 1) when they file the Summons and Petition; or if they are the responding party, 2) when they are served with the Summons and Petition.

In that document it states that neither party is to cancel insurance for another party during the pending action.  That essentially means that up until the time a party receives the date of termination of status as stated on the the Notice of Entry of Judgment, they cannot terminate insurance coverage for the other party.

There are times, however, that folks lose their jobs, and by virtue of that, their insurance coverage.  That is unavoidable and would not necessarily be the active "canceling" of the other party's insurance coverage.

The basic point is that during the divorce process everyone is given time to make arrangements for their own upkeep, care and support.  No one should be surprised with sudden changes to insurance policies, which could be very costly.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

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