What does it take to change a divorce into a legal separation?
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What does it take to change a divorce into a legal separation?
Due to medical benefits and possibly my job losing my pension, I really want to try to offer my ex to turn our divorce into a legal separation. He was angry and insisted on divorcebut now sees we both win if I am covered for my pre-existing condition, as I have 86% custody of our adopted son. Divorce final about a year ago. If he is open to this, what can we do to re-open the case or do we actually have to re-marry and then legally separate? I am single parent head of household. Married for 15 years; together for 21 years.
Asked on October 22, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. I was good until you said that the divorce was finalized about a year ago. You can not "unfinalize" a divorce. It is what it is. Over. Can you re-marry? Yes, you can if for the "right reasons" (see below). But the break in insurance coverage is still at issue. The law has changed on pre-existing conditions. Under HIPAA, employers have been limited on their ability to exclude employees from participating in health insurance plans if they have a pre-existing condition. This is, however a it complicated for this forum and I would suggest that you call your state insurance department to discuss the particulars. I also have to tell you that if you re-marry just to obtain his insurance and then legally separate that is a form of insurance fraud. So be careful here what you do.
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