Legal Question in Family Law in New Jersey

separation and health insurance

can a person in new jersey obtain a marriage separation and still keep the spouses health insurance benefits. also does separation safeguard my not be responsible for my spouses debts.


Asked on 2/05/07, 11:34 pm

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: separation and health insurance

The filing of the divorce complaint signals the factual end of the marriage asset and debt acquired after the filing of the divorce complaint are not shared, unless they are a new form of an old asset, such as using marital funds to buy stock.

You can not keep your spouse's health insurance coverage after the divorce, except that under federal law you will have the right to COBRA benefits which means the same insurance for 36 weeks for which you must pay, at a rate less than you will pay when you obtain your own health insurance.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey 07601

www.garymooreattorneyatlaw.com

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Answered on 2/05/07, 11:53 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: separation and health insurance

Hi,

In New Jersey there is no such thing as "legal" or "marriage" separation. If you are married you are entitled to keep the health benefits.

There are two other choices. You can enter into a post-nupital or property settlement agreement, or you can obtain a divorce from bed and board which would allow you to maintain the health insurance.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/06/07, 8:02 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: separation and health insurance

I agree with the other attorneys. There is no such thing in New Jersey. If you plan on getting divorced, I would suggest you at least meet with an attorney. There are just too many rights at stake here. My initial consultations are always free, so you can call me at 732/247/3340.

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Answered on 2/06/07, 11:22 am


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