Legal Question in Family Law in New York

Re: Separation

Physical separation does not eliminate the

ongoing medical insurance coverage and

benefits available under a spouse's plan

A spouse may attempt to take their estranged

partner off the policy, but to do so is

very risky. Because the law also says

that each spouse is liable for the others

necessary expenses, including medical

expenses, while they are married legally,

so such a move is usually penny wise and

dollar foolish

you could also petition the Family Court

for a Qualified Medical Support Order

directing continuation of the coverage

Re: Separation

Generally yes - A Separation normally will not stop insurance coverage through the covered spouse. At the point of divorce, coverage will no longer be available through the covered spouse but rather an alternate method of purchasing the insurance called a COBRA will be made available. Good luck.