Legal Question in Family Law in New York

Health Benefit Rights

I am married only 5 months (11/10/01). I lost my job as of March 2002. I am presently collecting unemployment. My husband has left me (4/23/02). My daughter (from a prior marriage) and I have medical & dental benefits through my husband's employer. He has threatened to drop our benefits. Can he do this? I am not eligible for Cobra under my former employer because I waived those rights as of December 2001.


Asked on 4/26/02, 12:05 am

2 Answers from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Health Benefit Rights

You cannot be dropped until you are divorced. Then, you will be eligible for COBRA through his job.

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Answered on 4/29/02, 2:40 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Health Benefit Rights

You can obtain temporary maintainance (including health insurance), either as part of a pendente lite Order to Show Cause in a divorce action (in the Supreme Court), or as part of a spousal support petition in the Family Court.

If your husband has sufficient income, either court may award you counsel fees.

If you wish to discuss this with me privately, please call to schedule a confidential consultation. My office is in Mineola. (516) 741-7799

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Answered on 4/26/02, 7:03 am


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