Legal Question in Family Law in New Jersey

Health care for separated spouse

My wife and I have been separated for 11 years. I've been paying her health care through my plan at work. I want to discontinue her coverage. What legal responsibilities do I have toward her in this matter? Our children are grown. Her employer does not offer coverage. I will soon file for divorce, but I'd like to discontinue her coverage now.


Asked on 4/20/09, 5:45 pm

3 Answers from Attorneys

Salvatore Principato Salvatore Principato, Attorney at Law

Re: Health care for separated spouse

My Guru Colleague offered the following very cogent and appropriate advice: "You should not cancel her insurance coverage at this time. The court rules governing the filing of a divorce complaint require your certification that you have not terminated any insurance coverage in the last 90 days."

I recognize from your zip code that you are relatively close to my office at Exit 7 of Route 42. There are other issues that must be addressed such as whether you have paid alimony or support to your soon-to-be-ex-wife. Also she may qualify for COBRA benefits at her cost, once you are divorced.

If you cut off her benefits under the current coverage, you may incur liability for any loss of use especially if there is a catastrophic loss. Has she used the coverage? There are many issues that may be relevant that need to be explored before better advice may be rendered.

I am available for consultation if you wish to file for divorce.

Please do not consider this information as a substitute for a complete consultation with an experienced lawyer with a working knowledge of divorce issues.

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Answered on 4/21/09, 4:52 pm
Gary Moore Gary Moore Attorney At Law

Re: Health care for separated spouse

You should not cancel her insurance coverage at this time. The court rules governing the filing of a divorce complaint require your certification that you have not terminated any insurance coverage in the last 90 days.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/20/09, 6:38 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Health care for separated spouse

I agree with Mr. Moore. In addition, making any moves here without an attorney, is probably not a good idea. Call me at 732/247/3340 to discuss.

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Answered on 4/20/09, 10:31 pm


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