Legally married but seperated; if I took him off my health coverage is that legal?

Question Details:

Legally married but separated; have an 11 year old child together. We have not lived together for years. 10/01/09 I took him off my health coverage had not heard from him since about 5/09 and his parents said they did not know where he was either. He has not been employed in the 15 years we have been together. I am the sole provider for my son and I. The reason I took him off the health coverage is because I had no clue where he was and no one had heard from him and it was also costing me about $150extra from my paycheck. He wants to sue me, is that legal? He is eligible for disability but won't file.

Asked 11/10/2009 under Insurance Law | 282 View(s) | More Legal Topics

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Insurance Law Law Answers

You can indeed remove your husband from your insurance plan, but it is likely the court might order you to continue it should your husband go through with his plan to ask for the court to intervene.   It depends on all of the financial circumstances surrounding you and your husband. You could consider asking your husband to pay you the difference between a single policy and a family policy.  

I would strongly suggest that you should go and see a lawyer to start separation and/or divorce proceedings to establish the financial responsibilities of each of as to each other and as to your child.  It will also establish visitation.  If you can not afford an attorney try and see if you qualify for legal services or call your local bar association to see if there is a Pro Bono - free - program that can help. 

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