Legal Question in Family Law in California
I have been married since 1990, and my husband left my son and I in February of 2007. We have not filed for legal separation or divorce yet. We have just been living apart since then. I have never had medical/dental/vision insurance except through my husband's employer the entire marriage. The only thing we have done is sold our home and split the profits. I have been covered under his insurance plan this entire time up until August of 2009. He says the insurance company dropped me (but not my 18 year old son who lives with me) because my husband and I don't live together. They will reinstate me only if I provide my address along with a utility bill with both my husband and my name on it. They say we have to be living together in order for me to be reinistated. We are still legally married, can they do this? We were married and live in California.
1 Answer from Attorneys
Yes. Which raises the question how the insurance company found out you were separated from your husband...your husband told them so. But you may be able to get a court order that your husband pay health insurance for you or pay you spousal support. Until then you are legally entitled to COBRA insurance coverage, which would require you to pay a monthly premium.
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