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Divorce, Restraining Orders and Maintenance of Insurance - What You Need to Know

Aug 19, 2015 @ 11:19 AM — by Michael Green

The Rules of the Court provide that pending a divorce the insurance, importantly medical insurance and automobile insurance, of the parties must be maintained.  This is to prevent one of the parties from unilaterally terminating the insurance of another party.  Often times, out of vindictiveness or an attempt to not pay for the other party's insurance a party may choose to terminate insurance.  Most problematic is medical insurance, as often times, the person can not be reinstated on the policy until an enrollment period allows for it, causing a party to be uninsured.  If a medical problem or automobile accident ensues during that period of lack of insurance, the party that terminated the insurance may be responsible for any costs as a result.  If you have an insurance issue during divorce, please call us at Green & Associates at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office.

If an associated Temporary Restraining Order has been filed, it is important to address the issue of maintenance of insurance at that time, if possible, so that all parties are maintained on the existing medical insurance.  As to automobile insurance, if the parties are now going to be living in separate homes, they may need to look into individual auto insurance policies and should check with their insurance company.  

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