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If my husband and I are separated, will I still be insured by his health insurance?

Tampa, FL |

I am trying to stay married as long as I can to be with my daughter until she goes to college. My husband is extremely controlling and emotionally abusive. He doesn't want me having anything to do with my daughter and is trying to take her away from me. He doesn't let me do anything for her or with her. He even doesn't like it when my daughter and I talk to each other, and gets mad if my daughter doesn't tell him what we are talking about. He's told bad things about me to my daughter behind my back and she uses that to tease me. He also told her that I am wrong all the time.

If I decide to be separated, does my husband have the right to kick me out of the house during separation? Thanks.

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Attorney answers 1


You have the same legal right to be insured under your spouse's health insurance policy while separated as you do prior to separation. It is only as of the date of entry of a Final Judgment of Dissolution of Marriage that your right to be insured under your spouse's health insurance policy ends. However, at that time you may be entitled to continued health insurance coverage under COBRA or mini-COBRA for up to 36 months. Call (866) 444-3272 for more information about COBRA.

Spouses who are separated in Florida continue to enjoy the same legal rights to use and access their marital home as they did prior to separation, even if the title to the home is in the name of one spouse. This means that your husband does not have the right to kick you out of the house during separation.

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