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I have been separated, but not yet legally divorced for over 2 years

Alden, NY |
Filed under: Divorce

We haven't lived together at all and have completely established other relationships. My (ex) wife has remained on my health insurance and I recently discovered that she and her new partner are going to have a baby. With no official divorce in place as of yet, how do I go about the process of making sure that I am not the one footing the bill for their pregnancy and delivery? Neither one of them hold a job or have their own medical insurance.

Attorney Answers 5

Posted

You need to consult with local counsel as soon as possible. Some jurisdictions hold that if you're married to someone and they have a child, the case can be made that it's your child. Furthermore, you need to be very careful about your health insurance policy because it could be considered fraud if you allow her to claim benefits. You do not want that. Get a quality New York Attorney -this is not a situation where you want to represent yourself at all.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Posted

Is your separation a legal separation? If so, you're OK. If not, get a divorce.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Posted

You can call you insurance company and try and have her dropped. Let her come to court and explain why she needs your insurance to have a child with another man

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Posted

You have an ongoing duty to support your wife so she will remain on your plan until you are divorced. This is so because your marriage is still active.

Good luck.

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Posted

The insurance is the least of your worries, as the presumption is that this child is yours and you could become obligated for its support. Consult an attorney now to protect yourself.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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