QUESTION
Is my husband still liable to help with finances if we get a legal separation?
Asked on Apr 13th, 2014 on Divorce - Michigan
More details to this question:
I’m looking for a legal separation to keep my husband’s health insurance. Will he be liable to help with finances while living separately? I was diagnosed with fibromyalgia in 2009. I do not qualify for disability due to my husband’s income. I have been married for 14 years and actually been living with him for 21 years. Will I lose half his pension if I am legally separated? He will retire in 8 years. He has worked for the Railroad for over 25 years.
2 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on the terms of the Separation Agreement.
Answered on Apr 15th, 2014 at 11:50 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you speak with an attorney, in Michigan and I assume most other states, once a divorce or order of legal separation has been filed the ability to continue to cover the ex spouse or separated spouse on an employment-based medical insurance program terminates. You should also discuss with an attorney about your anticipated payout from his pension, which normally in a divorce would only cover those years you are actually married.
Answered on Apr 14th, 2014 at 10:57 PM