What to do if my husband is filing for divorce and he is removing me from his insurance in about a month?

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What to do if my husband is filing for divorce and he is removing me from his insurance in about a month?

He is HIV positve and has known for 2 years now that I get regular testing for HIV. I want to know about the insurance policy he could be made to take out for my benefit as ordered by the court. Also, if there are any health obligations he has to me being that my chances of getting this disease is a possibiliy?

Asked on October 30, 2012 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Every state is different in the standards it provides and requires of divorcing spouses and health insurance coverage. Further, with an HIV positive states, it may be a criminal matter in that if you continued to have sexual relations with him and did not know of his HIV status, he could have committed criminal violations by so doing. You need to lawyer up at this point and ensure you motion the court to make him cover you for insurance and make sure you are tested until the point that you can no longer have been infected.


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