The short answer is NO, do not ever change your insurance during a divorce. The courts prohibit it and changing insurance without court approval will be very detrimental to your case. It is understandable for spouses to start wondering about insurance policies after they separate and file for divorce. Certainly after divorce is final, they need to make appropriate changes. They may have to decide which spouse’s group health insurance should cover the children, whether to change beneficiaries on a life insurance policy, or how to modify car insurance. Homeowner’s and renter’s insurance are other concerns. Divorce alters lifestyles and makes adjustments necessary. Yet, to be safe during divorce, spouses should discuss any ideas about changing insurance with a Texas divorce lawyer before doing anything, or otherwise put their ideas on hold. In many counties, the court will issue Temporary Restraining Orders and, later, Temporary Injunctions, that prohibit changing many things, including insurance.
Legal restraints for insurance changes
Most Texas counties issue TROs (temporary restraining orders) and Temporary Injunctions that prevent changing insurance or other financial accounts during a divorce. One example of that is the judges in Harris County who typically issue TROs and Temporary Injunctions, as judges do in many other counties. There are other counties, such as Montgomery County and Grimes County, that have standing orders, that are automatically in force in all cases, that stop all such changes to financial accounts.
While the divorce case is in progress, residents filing for divorce in Montgomery County for example must abide by the Montgomery County Standing Order. Under this order the courts prohibit either spouse from the doing the following regarding insurance:
The court’s view on resolving insurance and other issues Ideally, divorcing couples can work together for the best interests of the family. What to do about insurance policies should involve input from both sides. Often couples working out disagreements through mediation or other dispute resolution methods address and resolve ways for insurance to benefit all parties, including the children. The courts encourage parties to settle their conflicts whenever possible without court intervention. Contact a Texas divorce attorney for legal help with divorce.