Thursday, January 13, 2011

Me and my wife are seperating we live in the state of California, Can I remove her from my medical and dental?

Me and my wife are seperating we live in the state of California, Can I remove her from my medical and dental insurance without a signed letter from her? or must I keep her on? Is there such a law that says I cannot remove her?
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As a lawyer, licensed in California I would strongly advise against doing anything radical or outside of ordinary living expenses. Sudden transfers of valuable property to relatives, the dissipation of a marital bank account, the sudden winnings and loss at gambling tables, or lottery, etc. will only result in the court whiplashing you to death. In short, everything you owned prior to separation is considered community property until the court says otherwise. You will also owe some obligation for support to one another, unless you both agree otherwise. Dental and Medical are considered community property and are also considered valuable rights. So terminating her from your plans could end up putting you in the court's doghouse. Short answer after all the above is: If its significant, don't do it. Now if you want to throw out some holey socks, or worthless junk and clutter, provided it has no actual value, you can probably do that. If you have acknowledged separate property, you can probably deal with that. However, if you want a true separation, then perhaps your starting point is to create a dividing line between what is now (community property) and what you will acquire after separation (individual property). Separation in California is technical and tricky. In the grander scheme, its the separation of two spouses without the intent to live as a married couple. However, what existed prior to separation is a matter of interpretation. So if you do nasty stuff that will hurt your wife, then the court will take you out and execute you for it. LOL. Well not really kill you, just make you wish it did.
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