452.317 Rsmo

[MichaelnStLouis]

Missouri..

I have a question about 452.317 RSMO which states:

Termination of insurance prohibited, when.

452.317. From the date of filing of the petition for dissolution of marriage or legal separation, no party shall terminate coverage during the pendency of the proceeding for any other party or any minor child of the marriage under any existing policy of health, dental or vision insurance.


Me and my wife have been divorcing for over a year...we had our court date for our divorce in November...she did not show up and the judge ordered "Judgment and order of Dismissal - On the courts own motion all claims herein are dismissed without prejudice for failure to prosecute with costs assessed against the party filing the action in accordance with rul 77.01"

My wife was the Petitioner.

My question is this...since no other paperwork has been submitted...can I cancel her insurance? There is no longer a petition of dissolution.

Thanks for the help,

Michael

 

[LdiJ]

Missouri..

I have a question about 452.317 RSMO which states:

Termination of insurance prohibited, when.

452.317. From the date of filing of the petition for dissolution of marriage or legal separation, no party shall terminate coverage during the pendency of the proceeding for any other party or any minor child of the marriage under any existing policy of health, dental or vision insurance.


Me and my wife have been divorcing for over a year...we had our court date for our divorce in November...she did not show up and the judge ordered "Judgment and order of Dismissal - On the courts own motion all claims herein are dismissed without prejudice for failure to prosecute with costs assessed against the party filing the action in accordance with rul 77.01"

My wife was the Petitioner.

My question is this...since no other paperwork has been submitted...can I cancel her insurance? There is no longer a petition of dissolution.

Thanks for the help,

Michael

It would be an exceedingly foolish thing to do. You are still married.

 

[MichaelnStLouis]

But is it legal?

Missouri...

I have been paying ALL bills since I moved out 13 months ago...this has caused me to go bankrupt (chapter 13). I am very low on money and I can save $300 a month by dropping her from my insurance. She has the ability to get insurance through her work, but wont do it since I am covering her.

So what I need to know is if its LEGAL to stop covering her (thus making her get her own insurance).

Thanks,

Michael

 

[LdiJ]

Missouri...

I have been paying ALL bills since I moved out 13 months ago...this has caused me to go bankrupt (chapter 13). I am very low on money and I can save $300 a month by dropping her from my insurance. She has the ability to get insurance through her work, but wont do it since I am covering her.

So what I need to know is if its LEGAL to stop covering her (thus making her get her own insurance).

Thanks,

Michael

You would have to consult a local attorney to be certain. However, if you don't keep her covered, and she is hospitalized for something, you will be equally liable for her medical expenses, which could put you in a world of hurt....far worse hurt than you are in now....as well as totally disrupting your bankruptcy.

Re-file for divorce so that you can get the ball rolling and get the divorce over with. Then you can safely drop her.

 

[MichaelnStLouis]

I honestly do not have money to consult a local lawyer, that is why I posted the request here.

I understand the financial issues that may arise if she is hurt during a time that I do not have her covered, but I am far more concerned with being able to eat and have heat in my apartment than with her being able to go and see her doctor.

So if anyone on this forum knows the specifics about this...please reply.

Thanks so much for your time.

Michael

 

[LdiJ]

I honestly do not have money to consult a local lawyer, that is why I posted the request here.

I understand the financial issues that may arise if she is hurt during a time that I do not have her covered, but I am far more concerned with being able to eat and have heat in my apartment than with her being able to go and see her doctor.

So if anyone on this forum knows the specifics about this...please reply.

Thanks so much for your time.

Michael

Most attorneys will give a free initial consult. Many others would simply be willing to answer the question regarding whether or not you have to keep her covered.

You also don't have to have an attorney to file for divorce. You can do it on your own.

However, I will tell you that I am pretty sure that you are obligated to keep her covered.

 

[MichaelnStLouis]

not wanting to be critical or anything...but you place you opinion of "I will tell you that I am pretty sure that you are obligated to keep her covered." on what? is there a law other than the only I initially stated that talks about this?

Thanks,

Michael

 

[LdiJ]

not wanting to be critical or anything...but you place you opinion of "I will tell you that I am pretty sure that you are obligated to keep her covered." on what? is there a law other than the only I initially stated that talks about this?

Thanks,

Michael

I am basing that only on the fact that I know for certain that in other states you are obligated to keep a spouse covered. I don't know for certain if that is the case in MO as well. Which is why I am suggesting that you run it by a local attorney.