Legal Question in Family Law in Maryland

Is it legal for a spouse to drop your medical insurance without notice we are seperated but not divorced married in a state that doesn't recognizes legal separation

Asked on 6/04/13, 6:06 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Your spouse can do this, but you have a right to get coverage through COBRA for up to 18 months if you can afford the premiums. It would make more sense for you and he to agree that you will reimburse your husband for the difference in premiums between individual and spousal coverage if he keeps you on the plan while you are still married. The state you where you were married is irrelevant to this issue. If the two of you are on civil terms you should approach him about a separation agreement that will resolve all marital financial issues. That way, if one of you proceeds to file for divorce, it will be much less expensive because it will be processed on an uncontested basis. You should consult with an experienced family law attorney about the specifics of your situation.

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Answered on 6/05/13, 7:09 am

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