In Ohio, a spouse is not permitted to cancel health insurance for the other spouse and dependent children prior to a determination from the court that the spouse is no longer responsible for providing health care coverage. In the event that a spouse does not provide health insurance in accordance with Ohio statutes, the court may order the spouse to fulfill the following three requirements.
The individual may have to pay the premium amount or contribution that he or she would have paid for health insurance coverage. If any medical expenses are incurred during the time that health insurance was not available, one spouse may be required to reimburse the other spouse for medical expenses. If the spouse does not comply with the two above requirements, an employer may deduct the amount necessary to either pay health insurance premiums or reimburse for medical expenses.
If a spouse and dependent children's health insurance coverage is cancelled during the divorce process, that spouse may be able apply for coverage from a former insurance provider. Under those circumstances, that spouse and the dependents should be allowed to receive a plan that provides the same types as benefits as those given before the coverage was cancelled.
A lawyer with a background in family law may help a spouse obtain or maintain health insurance and other necessities during the divorce process. In addition, a lawyer can assist with the process of negotiating the divorce agreement. In most cases, judges will accept a divorce agreement as long as both parties have no objections. If the spouses cannot agree, there is the possibility that the judge may divide the couple's assets according to a formula. A lawyer may represent the interests of a spouse during the divorce process and during litigation.
Source: Ohio Laws and Rules, "3105.71 Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.", November 15, 2014