Legal Question in Family Law in Washington

I my husband and I legally separate can his company terminate my medical benefits


Asked on 10/14/11, 10:44 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

If I understand your question correctly, you mean "if" your husband and you legally separate can his company terminate your medical benefits. If that is the question, then it depends on the terms of your legal separation. If by legal separation you mean that you are going to formally enter a legal separation with the court, then you can define by agreement whether he shall maintain you want his company benefits. By law, the company cannot terminate you. If you are still legally married, albeit legally separated.

You should also know, that if your legal separation leads to dissolution of marriage proceedings, that while the dissolution proceedings are in progress, unless you and your husband agreed otherwise, he will not be allowed to terminate your medical benefits under his company insurance. However, you will need to be prepared with your own coverage in the event that happens. Note, COBRA coverage is very expensive and should not be considered a viable alternative. If it comes down to that, you should make sure that you have some kind of private coverage in place for yourself to take over immediately upon termination of medical benefits through your husband's company.

I hope this helps, and if you need more advice, I suggest you find local counsel who can help you before you proceed with a legal separation.

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Answered on 10/14/11, 11:01 am


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