Legal Separation & Health Coverage
Health insurance is a major issue in divorce cases. A common problem in a divorce case is the fact that at least one spouse oftentimes ends up with unsatisfactory health insurance coverage. By operation of law, and pursuant to the terms of a typical health insurance policy, coverage terminates for the former spouse when a marriage ends. Understanding this reality, some couples elect to pursue a legal separation to avoid this consequence.
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Function
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The primary function of a legal separation is to permit a married couple the ability to resolve all issues that typically are addressed in a divorce case, except one. A legal separation does not terminate the marriage. There are a number of reasons why a couple elects to pursue a legal separation rather than a divorce. For example, financial considerations sometimes warrant a legal separation as opposed to a divorce.
Benefits
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A benefit realized through a legal separation is a maintenance of an existing health insurance policy. For example, if a married couple is covered under the terms and conditions of the same health insurance, keeping that policy can be very important. If the marriage terminates, one or both of the spouses are removed from coverage under a health insurance policy. One of the spouses may be unable to obtain appropriate insurance coverage at an affordable price if the marriage ends. Because the marriage does not end through a legal separation, the health insurance coverage remains unaltered.
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Warning
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Make certain your spouse is on the same page with you in regard to seeking a legal separation. If your spouse objects to a legal separation after you file a case, the court will not permit you to proceed to obtain a legal separation. The court will either dismiss the case or convert the case to one for divorce.
Time Frame
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There is not a time limitation on how long you can remain in a state of legal separation. A legal separation decree remains in force indefinitely. If you and your spouse ultimately agree to reunite, you are able to seek a dismissal or termination of the legal separation.
Expert Insight
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Legal separation law is complex. If you desire to pursue a legal separation, in part to maintain health insurance coverage, seriously consider retaining the services of an experienced attorney. Local and state bar associations maintain directories of attorneys in different practice areas, including the family law, divorce and legal separation arena. Contact information for these organizations is available through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org/barserv
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References
Resources
- Photo Credit Hand and document at the meeting image by Dmitry Goygel-Sokol from Fotolia.com
