At Joseph & Joseph we have experience with legal separation cases. If you are legally separated, there has been a full trial or settlement linked to the legal separation. You are not divorced, and under most company plans, the health insurance may remain in effect for both husband and wife because the marriage has not been terminated.
For example, let’s say he works for Wendy’s and he’s under the group policy at Wendy’s. First, it has to be determined whether the legal separation is going to be a “disqualifying event” that terminates coverage of his wife. The lawyer needs to determine whether the group plan will find that the legal separation does not trigger the lack of insurance. Normally, it does not trigger a disqualification of insurance, but each plan varies.
Then, you need to look at the order. If the wife remains able to maintain the coverage on her own, you have to see who, under the court order, is required to pay for it. Maybe the wife is required to pay for it, or maybe the husband is. It depends on what the court order states. But first, there should be verification that the legal separation under the insurance plan is not a disqualifying event that automatically terminates the health insurance of one spouse.