I BELIEVE the separation agreement has to define those terms.
The separation agreement doesn’t have anything about insurance.
I thought it was an “understood” that insurance coverage ends when divorce was final, but nothing in agreement so the ex dropped me.
My understanding is that a separation agreement is a private contract between two individuals and may contain just about anything. (Whether it is enforceable is another matter.) Conversely, it may not contain things as well. There’s no requirement that health insurance is to be provided.
So, once we moved apart and became separated, I could have been dropped from insurance at that time, even if there was no sep agreement since you “technically” become separated when you begin living apart, and there is no legal requirement to have an agreement signed?
Yes, that’s the way it works. There’s no legal obligation for spouses to provide the other spouse with health insurance while married, much less after they are separated.
If the agreement did not require him to provide insurance then there is no recourse against him for cancelling it.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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Durham, NC 27713
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My separation agreement didn’t specify information related to health insurance coverage and how long it would stay in effect.
Our separation began last October. Divorce should be final end of this month. I found out I was cancelled from insurance in August. Should I have been cancelled, or is there anything for NC statutes that covers this? I was thinking I would be covered until the divorce?