Sometimes, but not always. Before getting the legal separation, contact the personnel department of your husband's employer to find out who you should talk to about continuing health insurance benefits for yourself. Some companies terminate a spouse's health insurance coverage once the parties enter a Decree of Legal Separation. And don't forget: if the company will allow you to remain on the health insurance after the legal separation, write it into the Decree! Say, "Husband/(name) will continue to keep Wife/Full name on his health insurance available to him through his employment, even if there is a cost associated with this coverage, for X years/months. Remember to put in how long you want the coverage to continue. And also, a legal separation can be converted to a Decree of Dissolution(divorce) after 6 months, with just 1 weeks notice to the other party. If your husband decides he wants to change the legal separation to a divorce, he doesn't need your permission or agreement. Just notice to you is all the court requires. So, if you want to stay on his insurance, and his company & health insurance provider allow that, be sure to put it in the decree of legal separation, and agree in writing that the decree of legal separation will remain in effect for X number of years/months( and if it doesn't stay in effect, put in a penalty clause--such as your cost for health insurance for the balance of the term.).
You're still married, so yes, unless the company has some prohibition.
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Its been my experience that the primary reason why what starts as a divorce ends as a legal separation is so that the parties can retain health insurance at a reasonable cost. If you are married, the employer has to offer health insurance. If you divorce, they can offer COBRA which has become incredibly expensive. So this is definitely an option to discuss with your family law attorney. Elizabeth Powell
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