• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal Separation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

Dawnie

Guest
What is the name of your state? WI
I was told that a legal separation in WI allows one spouse to keep the other spouse on their family health insurance policy. My husband's attorney told him he can't do it. Which answer is correct? Please help! Thanks!
 


S

stargazer5050

Guest
Check with the employer and see what the company policy is for separated and/or divorced couples. I may be wrong but I think it's a federal law (not state) that, even if he doesn't have to provide coverage (which I think he does have to), the company must offer you coverage at the company's group rates. Is your husband telling you this or is his atty telling you? I'd call his atty and tell him what your husband said and see how he responds. Usually most attys DO go by governing laws. Go see an atty yourself......the majority of them don't charge you for a simple consultation. Some attys will let you pay out their fees, too. If your husband files for divorce first, you're at a disadvantage to begin with. Good luck.
 
W

warhorse5

Guest
Sorry to hear you also are going through this perverbile whirlwind...however, if his employer allows he can opt to carry you and pay extra....he is not required to pay unless agreed to in your separation. If you are getting spousal support, then he would be required to carry you only in an agreed situation. His company is not going to allow him to continue to carry you if you are no longer married, but in terms of separation, there is a chance of being reunited and you are still married, so he can still cover you on the insurance.

When Divorced, if this happens....then whatever is agreed on at the signing of divorce papers is what he will be required to do. Hope this sheds a light.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top