How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My husband and I are separated. i am disabled and recovering

Customer Question

My husband and I are separated. i am disabled and recovering from an auto accident. He has told me that he took me off his health insurance. I am unemployed and raising our 2 children
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I am not sure
Submitted: 3 months ago.
Category: Family Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Are you informally separated, or, via a court order? If there is a court order, is he mandated to hold health insurance for you?

2) What is your question here exactly, i.e. what are you asking?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 3 months ago.
Informally...Texas does not have legal separation.
What can I do to keep him from cancelling my health coverage?
Customer: replied 3 months ago.
I am disabled and recovering from an auto accident.
Expert:  Ely replied 3 months ago.

Actually, it does although not under that name. Financial and custody matters may be addressed in a SAPCR, or, enforced via court if signed in a pre/post-nuptial agreement. But no matter.

Unfortunately, there is nothing that can be done to force him to do this unless someone in your situation actually files for divorce, and asks for him to continue the insurance in temporary orders while the suit is pending. Otherwise, neither spouse has a the duty to keep insurance on the other one be they separated or not.

So the only way to force the issue would be to file for divorce, and to ask for temporary orders for him to maintain the insurance... while the divorce is pending.

This is true even if you are disabled and/or injured.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 3 months ago.
If he has already signed paperwork to cancel my insurance before a divorce is filed...is there nothing I can do!
Customer: replied 3 months ago.
How long does it take...to get temporary orders...and if I have no communication from insurance company do I still have time?
Expert:  Ely replied 3 months ago.

Incorrect. You can file for divorce, and then file a motion for temporary orders asking the Court to:

1) get you back on, and

2) if the insurance won't take you back on since it is too late to do so and the next cycle is not for another half a year, etc, then to possibly cover some of your medical costs, and/or

3) also give you maintenance (alimony) while the divorce is pending, if you qualify.

Filing for divorce is and getting temporary orders heard - probably about 2-3 weeks from date of filing. If emergency (ex parte), that can be heard immediate at time of filing.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 3 months ago.
Trying to rate unsure how...but I Thank you for your time and answer. It was satisfactory..and I appreciate it!
Expert:  Ely replied 3 months ago.

You'd click on the face/stars (3 or above) and submit. Thanks in advance.

PS - if you have minor children, you do not have to divorce per se, and can simply file a SUIT AFFECTING PARENT CHILD RELATIONSHIP for custody and possibly get the same matter as part of that order, as well as child support.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.