Legal Question in Health Care Law in New Jersey

Medical insure while separated.

I have been separated from my husband for almost 8 years. The reason for not divorcing has been so that I can continue to recieve medical benefits through him and continue to work part-time. We figured that we would only divorce if one of us were to re-marry. I became engaged, but wont be re-married until next year. Recently I discovered that I was pregnant (my fiance's child of course) and I am now wondering if my husbands insurance company will be able to cancel me if they find out that my husband and I have been separated and I am expecting another mans child? Will they still cover my medical bills throughout this pregnancy?

Thank you for your time.


Asked on 1/14/05, 12:04 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Medical insure while separated.

Insurance is alwats a creature of contaract so it is hard ot answer your question thoroughly without the contract. With that said, you have paid premiums and have not committed fraud, you are still legally married. Therefore, it is likely that you shoudl be covered and the child as well, so long as you remain on the policy. The birth certificate may raise an issue, but I do not anticipate that they should disclaim, but agqain, the inforamtion is limited.

Note that there may be Federal or state statutes which also may govern. Typicall they are in favor of extneding coverage.

Good luck and best wishes with the baby and your new relationship.

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Answered on 1/14/05, 12:59 pm


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