Q: Hello. My husband and I have been separated for 6 years. Nothing legal in place, we simply split up over 6 years ago. He is still a dependent on my GHI medical insurance. a year ago he sustained an injury and has to undergo a few surgical procedures. My question is, am I liable for any outstanding medical bills? And does he have to remain on my insurance until we actually get divorced? According to my plan, there has to be a "qualifying event" such as a divorce or a birth or a marriage to add/drop dependents, but is this even after one has been separated this long?
A: Generally any debt, including medical debt, which accrues during a marriage is considered marital dent such that each of you would be liable on same. And generally, one must continue coverage until divorced - all the more reason to file for divorce sooner rather than later. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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