Maintenance Of Insurances During Divorce Proceedings

While an action for divorce is pending, neither party can alter or change any currently existing insurances. Sometimes, one party to a divorce will remove the other party from his or her health or life insurance. However, this is strictly prohibited by statute. In particular, the status quo must be maintained.

That is, all existing insurance coverage traditionally maintained during the marriage or civil union, including but not limited to all health/dental, disability, homeowner’s or life insurance must continue to be maintained pursuant to N.J.S.A. 2A:34-23d. Specifically, the existing covered dependents must remain on the health insurance policies and beneficiary designations and face amounts of the life insurance policies must remain as they were during the marriage.

In the event that you are currently involved in a divorce proceeding and your spouse removes you from any insurance policy or cancels any previously existing coverage, you should file an emergent application with the Court to be reinstated on said insurance policy. Feel free to contact our firm should you have any questions.