Separation and Company Health Plan

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I am separated since Jan/15 but no legal separation in place. My ex-husband wants to remove me from his company health plan. I am unemployed and have no other benefits. What are my rights? Can he do this without a legal separation agreement in place? How do I stop him?

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Jennifer M. Long, B.A. J.D.

9 years ago

Depending on your husband’s health plan, he may or may not be able to continue your coverage during separation. Some plans allow the plan member to continue coverage until a divorce has been granted, however other plans may end coverage upon separation. A separation agreement can include terms which provide for continued coverage so long as it is available, or depending on the circumstances, continued support for a period of time. Since you are currently unemployed, you may be entitled to some amount of spousal support as well. A lawyer can assist you in determining your rights, and I urge you to consult with one about your situation in greater detail.

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