Legal Question in Family Law in Rhode Island
removing seperated spouse from medical insurance
My husband and I separated a few months ago, although no legal action has been taken yet- I will be starting the process of divorce in January. I had to re-inroll for my medical benefits for 2008 and did not include him, as i do not have the money to cover him and he is not paying me child support or paying me his portion of the costs. I spoke to a lawyer who said that due to my low income, taking him off should be no problem, but he did not seem certain and I have heard differently. He is currently on TDI and will soon have knee surgery, leaving him out of work for some time. If he does get a job he may not be able to get one w/ medical ins. I do not want to hurt myself in the long run by kicking him off and getting sued to pay his medical bills, yet I can not afford to keep him on w/o his assistance. I needed a second opinion as to what to do since my lawyer just said this was fine, but I keep hearing differently and I do not want to make more problems for myself. Any suggestions, please?!
1 Answer from Attorneys
Re: removing seperated spouse from medical insurance
Write him a letter sent certified mail and regular mail informing him that you will keep him on the health insurance but only if he pays his share of the premiums on a monthly basis. Give him 30 days to make payment. if he does not make payment then remove him from the health insurance. This will protect you in the future.