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

Asked about 1 year ago - Alden, NY

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)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  2. William Charles Rosenfelt

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  3. Ernest DuBose

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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

  4. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  5. Marco Caviglia

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,472 answers this week

3,264 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,472 answers this week

3,264 attorneys answering