Legal Question in Family Law in New York

Separation vs. Divorce

I am going through a divorce and worried about being left without medical insurance. I got married in 1985 and depended on his employment for medical/dental/hospital coverage. I have alot of medical issues and would not be able to afford to pick up medical insurance for myself. My husband has agreed to get a legal separation so that I can remain on his policy, rather then divorce where he has to pay spousal support. (We get free medical coverage through his job) My question is: Would I be better off with a divorce settlement with spousal support and purchase my own? I was told that being that I was married for many years, left my job to raise children , now have alot of medical issues and make very little money that I would probably be entitled to spousal support for a good period of time. With a separation, I would be covered medically, but after a year it could be turned over to a divorce and then I am left with no insurance and no spousal support. How long can you enter into a separation agreement?

Is there such a thing as a separation with an agreement that if he gets married again after that year that he would have to continue to cover my medical coverage for a specific period of time? Not sure what to do.


Asked on 10/27/08, 1:05 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Separation vs. Divorce

If medical support is paid by a spouse after a divorce, it would be deemed maintenance and may be deemed a taxable event (income) for you.

I represented someone just like you in a divorce. She had many medical issues. The other attorney and I drafted an agreement whereby it was a legal separation until someone decided to remarry. Since it was a legal separation, health insurance continued.

After a number of years (I think it was 7), the husband was to re-marry and pursuant to the agreement there was a divorce. Upon divorce, the wife received COBRA and continued with insurance for another 3 years.

I do not suggest that my resolution is the same as your case. There are many different factors that are reviewed prior to entering into a separation / settlement agreement. You must speak with your attorney to decide the best method for you.

Mike.

Read more
Answered on 10/27/08, 7:30 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York