If we are legally separated, can I stay on his health plan through his employer?

He cannot cut you off until you are divorced. Also, you would be entitled to lifetime support which may help pay the support. See a lawyer. There may be assets like a house or pension plan which could be divided.

An excellent question. When I started practicing family law some 30+ years ago it was fairly for parties to agree on getting a decree of legal separation for the specific purpose was to maintain health insurance coverage; now, a lot of administrators consider a decree of legal separation a "qualifying event" acting to terminate eligibility for coverage. It is very much an open question.

A legal separation judgment does permit you to remain as a dependent on his health insurance. You are also entitled to acquire his coverage thru a conversion benefit with his employer if he insists on a divorce which he can do. The cost of that insurance and future insurance needs to be discussed in the family law case settlement because you can only keep the conversion benefit at the group rate for 18 months after a divorce is final.

You can stay on his plan until divorce is final. Start looking for work with health coverage. The plan itself dictates whether you can stay on it if you get a legal separation.

The answer to your question is, "yes", if you are legally separated (as opposed to having the marriage "dissolved"), you may stay on his health insurance policy. You can also proceed with a Judgment of Dissolution but defer the date that the marital status terminates. If the marriage is terminated, you will have to apply for COBRA benefits which are guaranteed to you for 36 months. You would have to bear the cost of the premium and this cost would be a need" for you which would factor into your request for spousal support.