Parties commonly ask whether removal from an insurance policy pending divorce is permitted. The short answer is no. There is a specific court rule that prohibits modifications or terminations of insurance coverage, specifically auto insurance coverage, pending a divorce, and a separate affidavit of insurance has to be filed simultaneously, as part of the initial court pleadings, whether they be the complaint for divorce or the answer and counterclaim for divorce. Essentially, the certification requires the parties to certify that the insurance was not canceled or modified within 90 days prior to the execution of the certification. This ensures that one party is not left without automobile insurance, or other insurances pending the divorce proceeding. This specific court rule is intended to make sure that your husband cannot take you off insurance before divorce.
Car insurance during separation
Sometimes people have questions about meeting the requirements outlined by the insurance company. If the parties are no longer living in the same household, it is always encouraged to provide accurate and honest information to insurance companies. If the insurance company is requiring a change, that issue should be dealt with through the attorneys and if need be, with the involvement of the court.
Car insurance for divorced parents
Once divorced, each party will require their own insurance policy. Depending upon the age of the children and whether or not the children are driving, the children will likely be listed on each parent’s automobile insurance policy, but again there are other considerations, such as whether or not the child has a vehicle in their own name, or is driving a vehicle owned by one of the parties. Do not jump the gun and remove your spouse from car insurance before divorce. If you have questions, seek counsel first.
Can you split car insurance payments in a divorce?
Car insurance payments can be shared by the parties both during the divorce and following the divorce.
Why did my car insurance go up after divorce?
Once the car insurance policy is separated the rates may change, depending upon how many drivers are in the household, the age of the drivers, the age of the vehicles and certain other fact specific criteria that the automobile insurance company requires. You may need to shop around for a better rate now that you are divorced and your policy is changing.
Not reporting divorce to insurance
It is always best to be honest about the living arrangements and any other situation that can impact auto insurance. Contact the auto insurance company directly if you have concerns or reason to believe that your husband took you off of insurance before divorce.
Here at DeTorres and DeGeorge, we work tirelessly to ensure that our clients are represented in all aspects of their divorce situation. If your husband took you off insurance before divorce and you have questions, contact us today to schedule a consultation. We are here to help.