The Attorney was asked:
Hello – What is the difference between divorce and legal separation in regard to medical Insurance. Can the separated spouse remain a dependent on the others medical insurance. I have never found a satisfactory answer to this and don’t know if it’s a blanket yes or no, or specific to the Insurance companies policy manual. Would you have to legally battle the Insurance company I wonder? Thanks
Ms. Storey’s Answer:
Some insurance companies recognize legal separation as separate and distinct from a divorce, so as to allow the non-employee spouse to remain on the employee spouse’s health insurance post-legal separation decree. This is one of the most popular reasons that parties pursue a legal separation rather than a divorce. It is the insurance company’s terms that control. So, it is not a blanket yes or no, and there is no legal battle with the insurance company.