Defination of legal separation for health insuranc


#1

I may be completely off on this but I believe that health insurance is one of those things that should continue during separation if you currently carry your spouse. Or at least continue for long enough so that the spouse has a chance to get their own insurance…They may also be able to be removed during annual enrollment…
I know that my husband did drop his ex from his insurance but he gave her warning of when he would be dropping her, though they did have a separation agreement.

I think that the most common practice is that a separation agreement would protect you from future liability on claims because normally, equitable distribution and all is covered in the agreement. There is also normally a statement such as “Each party, from X date agrees to live separate and apart from one another as if they were not married”. This may make a difference on an insurance claim.

My suggestion to you would be, check out the sample separation agreement and modify it to suit your needs, consult an attorney to get one drawn up. A separation agreement protects you both and can settle a lot of issues that may normally end up in court.


#2

Some states have a status of “legally separated” North Carolina does not. In this state you can be, single, married, widowed or divorced. You are legally separated on the date you live separate and apart, but we do not have a “legal separation.” Generally, you can drop your spouse when you get your divorce decree or during an open enrollment period. You should consult with an attorney before making any major changes such as dropping your spouse from your health insurance plan. Your employer is correct.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My husband and I are separated. My employer is refusing to remove him from my health insurance plan because we do not yet have a divorce or separation agreement. They are saying this is a federal law, but I can’t find any reference in federal law to a separation agreement as a requirement for being removed from a health insurance plan – I can only find references to legal separation as a “qualifying event” for COBRA. Isn’t legal separation in NC defined as husband and wife living separately with no intent of reconciliation? My employer is refusing to accept proof of my husband’s new residency as proof of our legal separation. Who is correct about the definition of legal separation – me, or my employer? Is a separation agreement required in order to be legally separated in NC?