Separation Agreement Help

I just received more information from my husband on this…

Basically his company is requiring all employees to supply copies of marriage cerftificates, 2005 tax returns and birth certificates for spouse and children to verifiy eligibility of dependents.

Because we filed jointly last year I have all of this paper work. They did state however that, “If there is a situation where the employee or spouse is married but living separately and have not yet filed for divorce or separation, the Affidavit of Separation, would need to be completed.”

Is this a “legal” document that I would have to have completed by an attorney or can we continue with our medical coverage the way it is until we actually file for divorce? We do not have a QMCSO on file yet.

I don’t want to call the HR department at his office about this because we don’t want to send up any red flags.

I’m I allowed to remain on his insurance until we actually file for divorce?

His insurance company cannot drop your children as long as he pays the premium. I would also guess that as long as you two are married, legally, they could not drop you either. It is kind of suspicious that his employer would want all of this information…you sure he isn’t just trying to get it from you? I have never had to supply that kind of information for my or my child’s insurance.

It just happened that I stopped by with some paperwork for him and he was on the phone with a co-worker and asked them about all this request for paperwork from their company and it’s legit. The company is trying to make sure they are not covering anyone that shouldn’t be covered.

We just happen to be at that in between stage and I want to make sure we are within our legal rights to keep me and the kids on his insurance without having a sepeartion agreement or this “Separation Affidavit”.

Dear kandlemom,

While you are still legally married you are eligible to be covered under his insurance, unless his plan specifically prohibits you from being on the plan. Your divorce will not affect his ability to keep the children on your insurance.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

My husband and I have been separated for over a year now. We are trying to divide our assest amongst ourselves and we are just about done. The problem that we are having has to do with medical and dental insurance. He is still covering both of our children and me. We do not have a Separation agreement or a court ordered document stating that he will be providing the insurance coverage for the kids.

While we are separated can his company remove the children and myself from coverage??

Thanks for you help!