Legal Question in Family Law in Michigan
contract
My husband and I agreed to a separate maintenance judgment (signed), with both of us agreeing not to ask for a divorce, without written consent from both of us, until he reached the age of 65. (He's 60 now).
He is now asking for a divorce. I understand that this is legal with Michigan being a No Fault state. I didn't know that when the judgment was written. My attorney neglected to tell me or I would never have agreed to separation and would have divorced instead. Separation agreement was for health insurance purposes.
If my husband is granted the divorce can I sue for Breach of Contract? This was a contract between the two of us which he did not honor. thank you.
2 Answers from Attorneys
Re: contract
To Whom It May Concern:
This is in response to your email of September 5, 2001, which was received by this office on October 24, 2001.
I do not believe that you can sue your husband for a breach of contract if what you have is a court ordered Separate Maintenance Judgment. The Separate Maintenance Judgment should have addressed all related issues. Unfortunately, your email does not indicate what issues are still unresolved in the context of the divorce other than the cost of health insurance.
As far as your divorce action, you may be entitled to spousal support, which could include the premiums for your health insurance made available to you through his employer pursuant to COBRA legislation.
The language in the Separate Maintenance Judgment, which indicates that neither of you could file for divorce without written consent until the age of 65 is not enforceable in court, this should have been explained to you by your prior attorney.
If you have any questions please feel free to contact me at (313) 561-5700.
Sincerely,
Michael D. Eberth
Re: contract
It seems like the best solution is to allow your husband the divorce, but force him to pay the hospitalization. A separate suit for breach of contract would probably not be allowed as the issue should be addressed in the divorce.
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