QUESTION
Once I leave my spouse, can I request that he continue paying for my health care coverage through his group plan?
Asked on Jan 31st, 2013 on Divorce - Arizona
More details to this question:
I want to obtain a divorce. I am currently unemployed due to disability as of last year. I have applied for SS disability but not approved yet. I cannot afford an attorney due to my low income. If I leave. would it be considered abandonment and how does that affect my case? What are my rights in regards to keeping one of the two cars? Everything we have is in his name and he had it before we got married in 2009. Are there any attorneys local to me that provide free consultations?
6 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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Often people who attempt to do their own divorce discover half way in that they are going to spend more than $395 and they ending up having to do all the work themselves. However, if you have not yet separated from your husband, you are not yet eligible for divorce because there is a one year separation period.
Answered on Feb 04th, 2013 at 2:42 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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Call the Idaho Volunteer Lawyers Program to see if you qualify for pro bono services. Once you get divorced, your spouse will not be able to carry you on a group health insurance plan. You might get the court to order him to pay you the COBRA amount, but that would have to depend on the circumstances. The answers to your other questions depend on the details of your marriage, so you need to talk with an attorney in person.
Answered on Feb 04th, 2013 at 2:34 PM
John Arthur Smitten
1. The car is non-marital property, 2. Once the marriage ends by divorce his employer will not be able to keep you on the group plan. You can ask that he pay your COBRA coverage as a form of alimony.
Answered on Feb 04th, 2013 at 2:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can ask the court to make your husband pay some of your fees. Health insurance will continue until the divorce is final.
Answered on Feb 04th, 2013 at 2:33 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You can request that he provide you health insurance but his the health insurance provider may not carry you under a "family plan" once the Decree of Dissolution is entered. Sometimes you can negotiate that he will pay for coverage as part of your settlement terms. There is no such thing as abandonment in Arizona, unless children are involved.
Answered on Feb 04th, 2013 at 2:32 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Once the divorce is final, the health insurance will not be available under the current plan but may be available under a federal statute referred to as COBRA. I suggest you contact the human resources section of his employer and ask that question.
Answered on Feb 04th, 2013 at 2:32 PM