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Legal separation

BlackRaven posted 6/24/2020 20:58 PM

I am considering legal separation. My lawyer told me it was a way to stay on my WH health insurance under Colorado law. But my IC thinks that it varies from policy to policy, may have a limit of 1 year, etc. Also, it would seem in varies from state to state.

Does anyone have personal experience with this?


Phoenix1 posted 6/24/2020 21:35 PM

It is very much state and insurance carrier specific. Not all states even allow for legal separation (mine does).

If your attorney says it is legal under state law, contact the insurance company directly and ask them if the policy allows for it. Obviously, your WS has to agree as well.

I have a colleague that was legally separated for over 15 years so his spouse could stay on his benefits. The spouse finally filed for D because she wanted to remarry.

So yes, it does happen.

WheresMyBlanket posted 6/25/2020 11:25 AM

You’re right, it is case to case basis because policies differ within insurance companies and state laws differ as well. What I would advice is to show your lawyer or IC the actual policy and stipulations and see what are the things you can really do or not, and what options are there for you.

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