Been married 32 years and husband leaving. Can he stop Heath insurance etc ?

Asked over 1 year ago - Merritt Island, FL

He keeps telling me to find more income and my own health insurance. I am scared since I am 9 year cancer survivor.
He wants to set up rules for separation
And also told me to go back to Boston so he could live in house.
Very scared about my rights.

Attorney answers (3)

  1. Jimmy Allen Davis

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You need a family attorney who is experienced in divorce cases.

    Fortunately for you, that marriage is a long term marriage according to Florida (>17 years.) Assuming he has the greater income, he will probably be ordered to support you during the separation. You have the right to ask for (and it is likely he will have to pay) permanent alimony to you.

    Florida also practices what is called equitable distribution. This means that the property will be split up fairly (not necessarily evenly.) Also, if your income is very low and your husband has the means, he may be facing the prospect of having to pay for your divorce attorney. So find a good divorce attorney.

    You do not have to leave the marital home. You may want to consider leaving if your husband is a threat to your safety. If he is a threat to your safety, I recommend contacting the police and finding a safe place to stay (like a domestic violence shelter.)

    With a good attorney at your side, I think your husband is going to find that this divorce is going to cost him a good deal more than he imagined. Perhaps he already contacted an attorney and he already knows this and is trying to intimidate you into caving in. Don't. You have a lot of rights available to you, and your attorney should be able to ensure you take advantage of them all.

    My suggestion, don't agree with anything your husband wants at the moment and get yourself a good attorney. Remember that you are not just any divorced wife, you are a patient who will need insurance to continue monitoring and keeping yourself healthy.

    Good luck and best of health to you. I hope you get the best resolution possible out of this.

    DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/... more
  2. Michelle Melin Niemeyer

    Contributor Level 3

    1

    Lawyer agrees

    Answered . First, let me tell me how sorry I am that you are in this situation. It must be very stressful for you, and heartbreaking. In the end, though, it is an opportunity to move ahead without a man who has proven himself to be heartless and mean. You can do better and now you have the opportunity.

    Get a good divorce lawyer immediately.

    On the insurance issue, be aware of something one of my clients learned the hard way. Depending on the terms of your husband's health insurance, you may not be eligible to be covered by his insurance if you are not legally his dependent and no longer live in his household. It will probably be OK until the divorce is final, but you should get a full copy of the policy, or if it's work related, the "Plan Document," not just the pamphlet they give to an employee, and find out who is eligible for coverage. My client and his ex wife amicably agreed for him to continue paying premiums for family coverage through his employer until the next enrollment period, which was several months after they were divorced. During that time, one of his ex wife's children was in a terrible car accident and incurred almost a half million dollars in medical bills. The employer was self insured and had an insurance company administering claims for them, and the administrator refused to pay the claims after payment was advanced by the employer. My client was then sued by his employer for the medical expenses because they weren't covered. I was able to settle the matter favorably for my client, but it wasn't easy and if there hadn't been payments made with the employer knowing he was divorced I may not have done so well for him.

    Especially given your medical history, it is important you know where you stand and don't do anything that could backfire on you. If you'd like me to review the policy and advise you on this, I'd be happy to help. Regardless of this issue, though, it is urgent you get a good family lawyer to help you. That should be your highest priority.

  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You need a matrimonial attorney right away.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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