Legal Question in Family Law in Illinois

my husband and i are seperated and he is on my health insuracne plan i would like to take him off but do not want to be help liable for any health care bills once he is off even though we are married how does that work


Asked on 11/14/10, 11:00 am

1 Answer from Attorneys

It works by your going to court and seeking separate maintenance pending a divorce, when you can start to unravel your obligations. Because yes, Illinois law does make BOTH marital partners liable for family necessities, and that includes basic health care. Now, what you MIGHT be able to do with him is tell him you are going to file and he will need to apply to go on his work's policy or get his own policy because the customary ramp up period is 30 days AND he most likely will NOT be able to apply simply because you live apart -- there has to be a life changing event such as a filing. Otherwise you're risking his coverage and your wallet.

Time to talk to a divorce attorney about handling things properly and in an orderly fashion so that as you say, YOU don't wind up hurting yourself.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/19/10, 11:14 am


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