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I am disabled, and on Social Security disability. My wife does not want me in her life anymore.

Baraboo, WI |

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!

Attorney Answers 3


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.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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This is really a domestic question so I will add some practice area tags for you.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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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.

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