Expert Advice When You Need It Most

If two married people decide not to live together, what would be the advantages and disadvantages of getting a lawyer to

Asked over 2 years ago - Albany, NY

draw up a separation agreement? Also would either party be able to get the divorce in one year if the other person was not ready to divorce after signing a separation agreement. And finally, do health insurance companies cover spouses who are in a separation agreement forever? Who is that decision up to? The employer or the employee?

Flag

Save

Share with:

Attorney answers (1)

David Alexander Browde

Reputation Level 20

Answered over 2 years ago. Divorce / Separation Lawyer in Chappaqua, NY.

Flag

1. The advantage would be that if the separation agreement is drawn up and properly filed, it can be converted after a one year waiting period to a divorce, at the option of either party.
2. Generally, separated is not divorced, and as long as other qualification tests are met, there is nothing that prevents the plan from continuing coverage. However, the plan may have rules that alter this general statement - you should check carefully with the plan administrator.

Mark as good answer

1 person marked this answer as good

Add comment