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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am physically separated from my spouse and we are going to

Customer Question

Hi! I am physically separated from my spouse and we are going to divorce. Is there any requirement (Georgia) that I continue to pay for her medical insurance?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: I have a filing emailed to me from her attorney. Nothing has been acknowledged or signed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 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.

The immediate answer is no.

The more complex answer is no, but she may petition the court to order you to.

The Court does not get involved in how the parties decide on private financial obligations. However if she files for separate maintenance or divorce (or you do), then she can ask the Court to order you to continue to cover her on insurance, but what is more likely, is for temporary maintenance so she can pay her own and generally be able to support herself. This is while the matter is pending in the Court.

If she does this, then the Court will decide on whether not to grant it based on subjective factors: 1. the participation each party had to the marital estate; 2. the duration of the marriage; 3. the future earning capacity and financial resources of each party; 4. the age and medical condition of each party; 5. the future earning capacity of each party; 6. the value of each party’s separate property; 7. the standard of living sustained during the marriage; 8. rehabilitative time one party may need to gain employment. (Georgia Code - Sections: 19-5-5.)

The judge may deny this. If it is granted, it will be re-evaluated again at final hearing, regardless, and may be upheld/modified/denied then.

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