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Does a marital separation agreement need to be filed to be valid in NYS / if so will that affect the medical insurance benifits

New York, NY |

will i still be covered under my spouses medical benifits if the agreement is filed

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Attorney answers 7


There is nothing in the filing or non filing of the agreement that alters medical coverage. However, what the agreement says may provide for a change.

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A Separation Agreement does not HAVE to be filed in NYS, but it is a good idea to file it so there is a record of it. With respect to health insurance, in NYS, unless otherwise stipulated, a spouse is required to maintain their spouse on their health insurance until a final judgment of divorce is signed by a judge.


One is best advised to file a memorandum of the separation agreement with the Clerk's Office. That said, the provisions of the agreement itself should govern continued coverage - if it requires continued coverage & your spouse drops you from the plan, you may file an action for breach of contract. In any event, I highly suggest you bring the agreement in for a full review by a NYC Divorce lawyer.

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While it is impossible for me to advise you regarding your entitlement to medical benefits without knowledge of the terms provided in the Separation Agreement, the agreement does not need to be filed in order to be binding . It would be a good idea ,to file it so that there is in fact, a record of the agreement.

Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.


If you are still coverd by your spouse's medical benefits depends on what your seperation agreement says. Speak to your lawyer about that. The agreement does not have to be filed to be falid.

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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


No, it does not need to be file

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Yes, it should be filed. The provisions for medical benefits outlined in the agreement are enforceable whether the agreement is filed or not.