Legal Question in Family Law in Minnesota

Re: heaith insurance

Thank you for your question regarding health insurance.

When you state that you have been separated for six months, I presume that means you have been living in separate residences, and that no legal action has been taken for a divorce. If so, then his health insurance cannot be discontinued. Separation (as opposed to divorce) is not a disqualifying condition. Moreover, the insurance cannot be terminated if a divorce proceeding was pending, although I gather that you have not yet commenced a divorce.

I think it more likely that your husband discontinued family coverage to reduce the amount of his premium cost. Providers of health insurance do not ordinarily inquire about the marital status of their insureds, unless a new employee is signing up for coverage, or there is some sort of open enrollment period in which all employees are given the opportunity to choose new health care providers.

During the time your husband is covered, he can request a change in the terms or conditions of his insurance. Most employer provided insurance plans allow the employee to switch from family to single coverage, for example. And since most employees pay an extra premium for family coverage, the employee will usually have a lower premium (which is deducted from his pay, of course).

My guess is your husband requested a change in the terms of his coverage. It is possible that his employer had an open enrollment period, and that he reported (incorrectly, it would appear) that you are separated or divorced. Merely living apart is not a "legal" separation, however. Simply living apart has no effect on your marital status: you are still married. Period.

I am often told by new clients that they are "legally separated," by which they mean they are living apart. In general, this is nonsense. A legal separation, in fact, is granted by the court in a proceeding that is almost identical to a divorce proceeding. Someone is only "legally separated" when they have gone to court and obtained a decree of legal separation -- which looks, by the way, almost identical to a divorce decree. Very few people do this.

I mention this because you may be told that your "legal separation" was the reason family coverage of some sort was cancelled. Unlikely.

You would be well advised to speak with a lawyer about your circumstances, to ensure that your rights are protected. If you like, you may contact me. My contact information is below.

Good luck.