My wife told me that she will no longer pay for my health insurance. Can she legally do this? We have been married for 28 years. She is my sole provider. Please help! Thanks!
Whether your wife will be required to provide spousal support, including medical insurance, is an appropriate issue to be addressed in state court divorce proceedings. When you have been in Social Security pay status for 24 months, you will also have Medicare eligibility. And depending o]upon your income without her support, you may also qualify for Medicaid. A consultation with an experienced elder law attorney, who can assess your full circumstances, would be helpful.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
If you have a divorce filed already, then file a motion for Temporary Order. They will order her to maintain health insurance during the pendancy of the case. After that you will at a minimum by granted cobra for 18 months. That should get you enough time to seek suplimental insurance.
The court may grant you maintenance, that insurance would be a part of your expenses and inasmuch may be covered by the maintenance they order.
I am sorry for your situation, it is unfortunate.
But you need to get past it, and get the divorce filings under control. Seek local counsel.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.
Written by attorney Erik Newton
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