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Can I Cancel Spouse's Insurance?

Getting divorced in Kentucky may be tricky, but cancelling your spouse's insurance is generally a BAD idea. If you are starting a divorce, there is no quicker way to get on a judge's bad side than to cancel your spouse's insurance.  Prior to 2014, the courts would enter a Status Quo Order immediately upon the filing of a Complaint.  The Supreme Court decided that there must first be a motion prior to entering such an Order.  They are almost always granted.  A Status Quo Order mandates that neither party cancel any insurance and that the parties continue paying bills as they have been.  The goal is to assure that neither party drives the other into bankruptcy or financial ruin. Regardless of whether a Status Quo Order has been issued, the courts encourage parties to act fiscally responsible.  Just because the court does not have the legal ability to hold someone in contempt for cancelling insurance does not mean it is be best thing to do.  If you cancel, the court can later make you financially responsible for all debt incurred as a result of cancelling the insurance. This is like the question, "Can I take my child and move out of state?"  The answer is, "Yes, you may... but it is generally a bad idea."  The judge can order you to return the child and grant custody to your spouse.  For more on this question, follow the link. As an aside, I realized just today that insurance is likely not covered or precluded by an Antenuptial Agreement (prenup).  An antenuptial agreement typically makes reference to division of assets and often precludes any spousal support, alimony or maintenance.  It does not, however, preclude a court from ordering that insurance be continued.  Health insurance is most vital, but typically auto, home and disability insurance should also continue. If you have questions about your divorce and any requirement to continue insuranc,e consult with your attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 581-MIKE or email at mwbouldin@fuse.net.  Call 859-581-6453.

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