Legal Question in Family Law in California
Bifurcation of Divorce
I'm trying to understand what this means. I am preparing to file for divorce, however the only issue is that my husband would lose health coverage. And I don't want that to happen until he has had time to get his own policy (he's self employed). Does bifurcation apply in this case? Can we go through the divorce procedures and leave the health insurance issue until later? We have agreement on every other issue (there are no kids, no property, bills already divided).
2 Answers from Attorneys
Re: Bifurcation of Divorce
If you want to keep him on your health coverage, a legal separation would be appropriate as it maintains the marriage in name only for health coverage specifically.
Please contact a local attorney in your area prior to taking legal action.
Good luck,
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Re: Bifurcation of Divorce
From the date he is served with the summons and petition for dissolution of marriage the earliest that the marriage may be dissolved is 6 months. Medical insurance will continue to cover him until the marriage is dissolved. After the marriage is dissolved he is eligible for COBRA coverage. This coverage provides the same benefits as the employee's coverage. However, the premiums are very high. The six months should give him adequate time to obtain medical insurance.
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