Legal Question in Family Law in Maryland

My separation agreement which was written by his lawyer stated that he will keep me on his medical insurance until the divorce is final. I have found out that he dropped my medical during his open enrollment. Can I sue for the premiums that he failed to submit on my behalf or do I have to have documented expense to show? I am currently unemployed and can not afford to go to the doctor in the cases in which I wanted, i.e... mammogram, gyn yearly, and a sore throat lasting 5 days. (We are not divorced to date.)


Asked on 11/22/10, 6:45 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It will be impossible for an attorney on this site to give you specific advice without first reading the contents of your separation agreement. With that said, if the agreement states that your husband is to keep you on his medical insurance until the divorce is final, and he failed to do so, you husband has breached the separation agreement and is liable. I STRONGLY recommend that you bring your separation agreement to a family law attorney and ask for legal representation. If your husband is not living up to the separation agreement now, things will only get worse down the road. It is a good idea to have an attorney on board that can swing into action and already know the facts of your case.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 11/28/10, 6:06 am


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