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Health Insurance and Medicare during divorce

1 Answers. Asked on Dec 23rd, 2012 on Divorce - Pennsylvania
More details to this question:
My husband and I are getting a divorce and both on medicare. I just received a termination of our supplimental insurance today. Is this legal for him to terminate our supplimental insurance on me until after the divorce is final, which I can then use COBRA to contine with the same insurance for 3 years. I thought he had to continue with the insurance until the divorce was final. He also removed me from our car insurance too,. Is this legal, too, to do so until the divorce is over? Need your help please!! Susan
Answers Showing 1 out of 1
Penelope A. Boyd at Penelope A. Boyd, Attorney
Licenced in PA
Answered on Dec 23rd, 2012 at 12:35 PM

You should contact the attorney representing you in the divorce. Generally spousal support orders provide for one of the parties to pay for health insurance if there is insurance when the divorce is filed.  I am not aware of any cases involving Medicare supplements, and it is likely he did this because it is the  time of year for electing benefits.

I really think you need to talk to an attorney who can fully understand your situation and advocate for you.  There are programs for seniors for reduced fee representation.  Contact your county bar association to find help.

 

good luck.

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Divorce
Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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