wis. financial seperation

I'm from WI and have been seperated for 3 years, but haven't done so legally. My spouse has medical problems and is concerned he may run into financial problems due to his health. He doesn't want me to be affected financially. If we legally seperate, would I be protected from his potential financial problems, or would we have to divorce to avoid my being affected? Can my group medical coverage continue to be his secondary insurance if I grant it? We are both still covered by the same auto insurance, would this continue to be ok under legal seperation? Do we have to involve lawyers to legally seperate, or divorce, in the state of WI?

[I AM ALWAYS LIABLE]

Originally posted by timot36417
I'm from WI and have been seperated for 3 years, but haven't done so legally. My spouse has medical problems and is concerned he may run into financial problems due to his health. He doesn't want me to be affected financially. If we legally seperate, would I be protected from his potential financial problems, or would we have to divorce to avoid my being affected? Can my group medical coverage continue to be his secondary insurance if I grant it? We are both still covered by the same auto insurance, would this continue to be ok under legal seperation? Do we have to involve lawyers to legally seperate, or divorce, in the state of WI?

My response:

Divorce and Legal Separation do the same things insofar as finances are concerned. It means all financial dealings are separated - - except for those items that need to be maintained between the parties, such as a business, or child support, etc., which must then be ordered by a court.

However, insurance companies will only insured married spouses. Once you are divorced, you are then placed in the same position you were in before you first met each other, and he can't be on your insurance.

In a Legal Separation situation, you can still insure the other spouse because you are still married - - it's just a "paper marriage" and all financial dealings are separated that were incurred during the marriage. All future financial situations would then be the responsibility of the spouse that incurred that obligation. But, since you are still technically married, you can make and enter into a separate written contract for him to pay his share of the medical insurance premiums.

You don't need attorneys; however, it is strongly suggested that each of you retain your own attorney - - unless, of course, you know how to practice law.

IAAL