legal separation versus divorce

iVillage Member
Registered: 06-25-2006
legal separation versus divorce
9
Tue, 01-02-2007 - 9:20pm

Does anyone know the dif btn legal separation and divorce? I understand the marrying limitations and all that, but is that IT?

Someone told me that with a LS the health insurance benefits of one person still cover the other. This is the reason that I am wondering. Although we want out (or at least I do), I don't want my STBX to be out my health insurance because he is on a couple of lifetime meds and it will be hard for him to find insurance that he can afford (unless he remarries someone some day who has good benefits).

I know I can ask an attorney, but I am still in the early stages and wanted to pose the question out here because someone may know.

Thanks!

iVillage Member
Registered: 01-29-2005
Tue, 01-02-2007 - 9:47pm

I found this article that defines the various types of separation. I honestly don't know if the laws per state would play into it, but this what I have without knowing your state.

Hope it helps a little.

http://www.nolo.com/article.cfm/ObjectID/F00974A1-B66D-4120-84C4AABE327D0E91/catID/995EE405-21AA-4B4A-97CBABD905A37E1B/118/246/222/ART/

iVillage Member
Registered: 03-19-2003
Wed, 01-03-2007 - 5:02pm

In some states, legal separation is required prior to divorcing.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-25-2006
Wed, 01-03-2007 - 5:19pm

Yeah, I just looked up info on my health plan and divorce and LS mean the same thing as far as they are concerned, so no point doing that. And I hadn't thought about the "other detriments" of being married but legally separated.

He can get a single plan through his job but it's not as good (or cheap) as mine. Actually, he hasn't even looked yet; he just keeps saying it's not very good. I suspect it won't be as bad once he looks into it. He has a really bad concept of money issues...

Thanks for the info. :)

iVillage Member
Registered: 03-19-2003
Wed, 01-03-2007 - 5:35pm

And... other options are talking to his doctor.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-25-2006
Wed, 01-03-2007 - 6:06pm

I know it's not my problem, but it's really hard for me to just be "mean" and think that way. We have been married for 18 years and had two kids together. I don't want to be married to him any more, but I certainly don't want him to be scrambling for money to buy his medicine. I wouldn't want that for someone that I don't even KNOW, much less the father of my kids.

And he is possibly/probably using this as a "hang-on" thing. Sigh. I was not born to be a jerk like this. It was hard enough to initiate the divorce!

iVillage Member
Registered: 09-16-2006
Wed, 01-03-2007 - 6:46pm

My separation agreement is written up to cover this- I am entitled to stay on his health insurance until we divorce.

My agreement also states, however, that any debt (or money/property gained for that matter) does not affect the other person (as if we were never married). I am in NY- ask an attorney in your state...............

iVillage Member
Registered: 03-19-2003
Wed, 01-03-2007 - 8:55pm

I understand what you're saying.... but really... it's not being "mean".


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-25-2006
Wed, 01-03-2007 - 10:24pm

Thanks, I know you're right. I was raised Catholic, so guilt is my thing. I was also a middle child, so the mediator, so smoothing things over is my thing, not messing them up as I have done by initiating a divorce.

A very good friend has described me as fatally nice and kind to a fault. He is right, unfortunately, and I need to learn to be more "selfish". I am already better than I was when I started this a year ago! :)

Sincerely,

The Meanie (you're hilarious ;) )

iVillage Member
Registered: 03-19-2003
Wed, 01-03-2007 - 10:31pm

And... the point to remember here is.... "I am already better than I was when I started this a year ago!"


Karen ~ wildlucky4me ~