Legal Question in Family Law in New Jersey
Medicare Supplement Insurance in Divorce Case
My husband and I are in our 70's, married over 50 years and are getting divorced. (He does not want a separation because he wants to remarry.)
As the time of divorce came close, I found that his insurance company under which he now pays $65/month for my medicare supplement insurance will put me on Cobra for $250 per month for a year and then I must get new supplement insurance which is also extremely high.
My husband cannot afford to pay this amount nor can I.
I also have bad emphysema and am not sure the insurance company would cover me anyway.
Can I force my husband to take a legal separation instead of a divorce just to keep my medical supplement insurance under our current plan?
Thank you
1 Answer from Attorneys
Re: Medicare Supplement Insurance in Divorce Case
I am not aware of any way that you can force him to stay married to you. In general, if a person seeks to be divorced in New Jersey, the Courts will generally grant the divorce. You can obtain a Limited Divorce from Bed and Board, which is similar to a full divorce, however, neither of you can remarry and you both must agree to the Limited Divorce. However, you can seek to require him to pay your health insurance costs. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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