Can You Let Auto Insurance Expire After Filing for Divorce?
Can You Let Auto Insurance Expire After Filing for Divorce?
Hi, I’m Tulsa men’s divorce attorney Clint Hastings. I practice here in Tulsa, Oklahoma, I focus on fathers’ rights, and I have 25 years of experience.
Understanding the Automatic Temporary Injunction (ATI)
As I’ve explained in other videos, an automatic temporary injunction (ATI) goes into effect once a divorce is filed. One of the rules under this injunction prohibits either party from canceling auto insurance or other insurance policies.
Some people think that “canceling” is the only restriction. But the law is written more broadly. Under 43 O.S. §110, Section A.B.5, the injunction prohibits canceling, altering, or in any manner affecting casualty, automobile, or health insurance policies covering the parties or their property.
Impact of Allowing Auto Insurance to Expire
So, does simply allowing your auto insurance to expire count as “affecting” it? Arguably, yes. At the very least, you should notify the other party that the policy is set to expire. Even if you assume they know, if you’ve been the one managing or renewing the policy, it’s best practice to give notice and work out a plan.
If you just let it expire, a judge may find that you acted unreasonably or violated the spirit of the ATI, which is meant to prevent disturbing the peace of the other party. Even if you’re not technically found in contempt, it’s a bad look—especially if children are involved. Having no insurance on a vehicle your spouse may use to transport the children creates a huge liability and can raise serious “best interest of the child” concerns.
Consult an Attorney Before Allowing Auto Insurance to Expire
If you truly cannot pay for the insurance, don’t let it lapse on your own. File a motion and ask the court to decide who should be responsible for it.
Bottom line: Don’t just let your auto insurance expire. When in doubt, don’t act until you consult your attorney or get a court ruling.
Call for a Low-Cost Consultation today!
Contact Tulsa Dads.Law attorney Clint Hastings for a low-cost consultation at 918-962-0900.
