Legal Question in Family Law in Maine
Medical Benefits/Spousal Support
We have been married 23 years, separated 3 1/2. I am not able to earn the income I once did, haven't for nearly 6 years. I am under Doctors care and medication but will not go on disability because I do not want to be labeled. I am developing a service related business that is seasonal. I have worked hard to grow this business and work part-time and continue to look for additional p/t jobs. I am still covered under my husbands med benefits but he has informed me he is changing jobs and will no longer cover me. Can he do this? I know he couldn't cancel me without proof of coverage but he says with a change of jobs he doesn't have to cover. He earns a decent income as does his girlfriend with whom he lives with. We can not decide on spousal support and now I will have no insurance. I have no money to fight this What do I do? What can I do?
1 Answer from Attorneys
Re: Medical Benefits/Spousal Support
Your question raises quite a few issues. I would need to talk to you to get the specific factual background before I could give you any meaningful advice. I can, however, give you some general legal information.
If there is no judicial separation or divorce pending, your husband has no legal duty to maintain your insurance. If you were to file, a legal protection known as the "Preliminary Injunction" would come into existence. This would prevent him from removing you from his insurance policy.
You have a lengthy marriage and it sounds as if he has the superior income. You would probably be entitled to some spousal support, and that spousal support obligation would continue for a substantial amount of time given the length of your marriage. How much spousal support you could expect would depend on the specific facts of your case. Moreover, you can request that your husband pay for your legal fees. If the disparity in incomes is great, the Court will probably require him to pay most of, if not all, of your costs.
It may be time to consider filing for judicial separation or divorce. That is a call only you can make. If you'd like to discuss the matter further, please contact me.
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