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Can I make my husband keep me on insurance until I can get my own?

Springfield, IL |

I am leaving a violent marriage. Currently have an Order of Protection against my husband, I have been unable to work due to severe nerve and muscle damage for a few months now. I may need to have surgery to repair the problem. I have no money coming in, and I have no way to pay for the specialists and surgery. Can I ask the court to compel him to keep me on his insurance? As of right now I have no way to provide for myself. I am still living in our house until our court date and I'm not sure what will happen then. He plead guilty to Domestic Assault, I'm just scared that I will end up homeless with no way to get well enough to work again.

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Attorney answers 3

Best Answer
Posted

During the pendency of a divorce, the holder of the insurance must maintain insurance for the dependent spouse. Take care of as many of your medical problems as you can before your divorce is final.

Posted

You are leaving......... IS THERE A DIVORCE PENDING? You did not say. I am thinking not. You must file for divorce to ask the court to continue the coverage. If there is no divorce case the judge in the Order of Protection case can do nothing. If you file for divorce you can have your lawyer ask for you to be kept on the health insurance.

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Judy A. Goldstein

Judy A. Goldstein

Posted

It is also possible that a provision can be put into place in the Order of protection which enjoins the Respondent from removing Petitioner from coverage but that is rather unusual. The preferable method would be to file for divorce and take care of it that way.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I have never seen that allowed in an Order of Protection but if a judge will allow it that is always a good thing!

Posted

Has a divorce case been filed? If so, your husband must maintain your coverage. You can easily get a court order reminding him that he has to keep you covered.