QUESTION 1 : As I understand it, in NC the point of legal separation is when one spouse moves out of the marital home with the intent to live separately from the other spouse. But what if the intent (that BOTH parties AGREE TO) is for the spouse to simply live closer to work during the week? Can they be considered legally separate if they BOTH agree that they are NOT?
QUESTION 2 : What if this couple creates a document called a Property Settlement Agreement in which they address all the typical issues (child custody, child support, assets/debts/house equity, retirement, alimony) but that does NOT declare them as legally separated? Is that possible?
My question is in relation to the ability/legality of an employer to remove a ‘separated spouse’ from an employee’s health insurance plan. How is this possible if we both agree that we are not separated? Not to mention the issues of reconciliation? If we reconciled (in theory) then I should legally be able to be back on his plan, right? So how can they remove me if we are NOT LEGALLY DIVORCED?