If my husband has not filed anything with the court yet but we’ve been physically separated for a year, does he have the right to drop me from his health insurance?

He receives it from work.

Asked on November 13, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are writing from Florida, correct?  You have the legal right to be insured under your spouse's health insurance policy while you are separated as you do prior to separation. It is only as of the date of entry of a Final Judgment of Dissolution of Marriage that your right to be insured under your spouse's health insurance policy ends. However, there are no laws that prevent your spouse from dropping you from the plan.  So I would strongly suggest that you seek help from an attorney and enter in to a legal separation agreement - which Florida permits - to make sure that you are indeed insured.  After divorce you can then apply for COBRA. Good luck.


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