Legal Question in Family Law in New York

Healthcare Benefits in divorce

My wife of 30 yrs. moved out of our home 2 days ago...she gave me one days notice...no abuse(physical or mental), no affairs(that i know of)...totally unexpected...I believe money(lack of) and her reckless spending habits(especially in the last 5 yrs.) has been the main reason for her leaving...I have 2 questions..because she left without my consent, will that help me in anyway in keeping her from cleaning me out?...I am the main earner..children are all over 21...also, she is under a rider on my healthcare plan...can I drop her off the coverage...I know it sounds callous, but I feel betrayed and what's fair is fair.


Asked on 4/15/07, 7:40 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Healthcare Benefits in divorce

Inasmuch as you have been the primary wage earner, during your marriage, you are directly and indirectly responsible for payment of any all necessary medical costs and bills your wife might incurr, while she remains married to you.

So, even if you could remove your wife from your health insurance coverage, you should not.

Suggest that you immediately consult an attorney, in person, to review grounds for divorce and temporary restraining orders, to limit your financial exposure.

In the interim, you can and probably should, close all of your joint and separate accounts, including but not limited to banks, credit cards, etc.; and change your bank/s, credit cards company etc., to protect yourself from your wife's proliferate spending, from funds needed to maintain your home.

Good luck,

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Answered on 4/15/07, 8:22 pm


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