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  • Attorney Denise M. Buswa

Are you concerned that you will lose health insurance because of a divorce?

A big concern for many couples considering divorce is how the divorce will affect their health insurance coverage. By law, only dependents (children) and their spouses are allowed to be covered under a health insurance policy. This can create much stress and uncertainty when couples consider divorce because often-times, health insurance is too costly or not offered through both spouse's employment, leaving that spouse without health insurance coverage.

One way to maintain health insurance coverage and legally live separately is through an action called Separate Maintenance. Unlike divorce, a final Judgment in a Separate Maintenance action will not result in the termination of health insurance benefits. The legal process of Separate Maintenance is similar to that of a divorce. The end result will be that the parties have divided all of their marital property including their assets, real and personal property, and debts. Child custody, parenting time, and child and spousal support will also be determined through an Order of the Court. One of the cons of an action for Separate Maintenance is that although the parties will be able to live completely separate lives, they will still legally be married; therefore, in order to remarry the parties will have to obtain a Judgment of Divorce in a subsequent suit

If you are wondering if an action for Separate Maintenance is right for you, contact the attorneys at Buswa & Berry for a free consultation.

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