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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111443
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Losing retiree health care coverage Dec. 31, 2016. my wife

Customer Question

losing retiree health care coverage Dec. 31, 2016. my wife is collecting S.S. disability income an has Medicare part A but not part B or D. She will be covered for those parts July 1, 2017. However, will not have any medical insurance Jan. 1, 2017 thru June 30, 2017. Archaic government rules prevent any insurance company public or private from providing her medical insurance during this period. Wondering if it makes sense to get legally separated for her to qualify for Medicaid and thus have Medicaid insurance. We live in NC.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: NC.
JA: Have you talked to a laywer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: yeah. I am 61 years old and my wife is 59 years old. We would end the "legal separation" July 1, 2017 when her Medicare Part B and Part D would be effective.
Submitted: 3 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is really no "legal separation" you file in NC. In NC, legal separation occurs when you live separate and apart under separate roofs. So you would need to file divorce and divorce could indeed qualify her for medicaid. Unfortunately, many disabled or older adults today file divorce for benefit purposes to qualify for benefits that they could not qualify for if married. So divorce is a consideration you can explore to get her benefits.

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