Separation


#1

Dear plstam:

Greetings. There is not a law which states you must keep your spouse on your medical insurance. It is a normal practice for supporting spouses to keep their dependent spouses on their medical insurance for as long as possible.

I almost always tell my clients to try to keep the other spouse on their medical insurance (even when we don’t have alimony issues) because of the concern over medical costs and insurance in current times. It helps the negotiations go better.

If you have an attorney, have them immediately write a letter. Also, if you are not a dependent spouse, offer to pay for the premium which is taken from his pay for your portion of the insurance.

Finally, if you are a dependent spouse and he is simply not paying alimony, my advice to you is to file an action (if you have tried and failed in negotiations) for alimony and requeset post separation support and medical insurance coverage. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Would this change things? I am unable to work and have applied for SS disability. Going through the process now. My next step is to go to a hearing with a lawyer.


#3

Dear plstam:

Greetings. No, even if you have applied for disability, your spouse still is not required to maintain you on his medical insurance. Your best bet is to go and apply for alimony and request the court to have him maintain you on his medical insurance. You can also try speaking with him about it. I am sure that an attorney could negotiate this for you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

While going through a separation my spouse has taken me off his health insurance policy. My understanding he can not do this because of state law. Can he get into trouble because this was done to me and what can I do at this time? I need health insurance now because of the doctor and medicine bills I have received recently. This is how I found out that I did not have any insurance coverage.
Thanks for your help.