Separation, lowered income, and insurance issues


#1

I am currently separated, since April, with a documented agreement that is notarized. No lawyers involved yet and we both would rather not because we are too poor. She cheated on me for the second time in 2 years, so I am done. In the agreement she is to pay me a sum every two weeks for our debt and benefits insurance. The insurance was going to be dropped next month regardless, but she hasn’t been making full payments. She lives with her parents and I live with my brother. No kids. No house. Nothing to split than our things, which has been done.

I recently got in an accident putting me into surgery and putting me out of work for two months with short term disability pay. Half of what I get now. I cannot afford paying all these cards she racked up under my name and our insurances. I warned her over 2 months ago the insurance may be dropped soon because of this, and that her paying a minimum amount, less than our original agreement, is absolutely necessary. I am still paying my part too.

I am the health care provider. I have to take her off if she doesn’t pay me enough. It’s the only corner I can cut to give me a measly $130 extra a month. So I can eat. BCBS said since I am making so much less and am on leave, I can cut her off immediately. As apposed to November’s enrollment period, and waiting till January for her to be truly off insurance.

Can I take her off insurance since I can’t afford it and her breaching our contract as well without reprocution? Can she sue me for that even though she is the unfaithful one breaching our marriage contract?


#2

Bueller?.. Bueller?


#3

I apologize for missing your post previously. I’m a little unclear - did you agree to provide health insurance to her in your agreement? There is no law requiring you to continue coverage for her, but if you have agreed to do so she could sue you for breach of contract. Although it sounds like you also have a claim against her for breach of contract for not paying the money she agreed to pay. If you plan to discontinue her health coverage I would give her notice so that she can find another policy and avoid a lapse in coverage.