Legal Separation or Divorce?

Ceee ~ Personally, I would take the advice of my lawyer. That is what you are paying her for. If you question what she tells you, seek a consultation with another lawyer just to be safe. I worked for a family law specialist for 10 years and I know divorce lawyers are expensive. Personally, I wouldn't spend the money for a divorce lawyer and then ask people who are not lawyers for advice. My opinion only. Good luck.

I am surprised to hear this, a legal seperation means, you need time apart to work thing out in your head , but eventually you will get back together. Legal seperation mean nothing more than that. You are both still responsible for each others debt and so on. If your husband is O.K., with this then that is great. If you get a divorce he will still be liable to provide health insurance for your children if that is what you agree on in the divorce.But, not you. If you are not divorced he can keep you on his policy. Once you get a divorce , you are legally not together and insurance companies will not insure you under his policy.
If your husband is O.K. with a legal seperation then that would be the way to go, with the intent of getting back together when the waters settle.( I don't know the circumstances) But this is not a free lease for you or him to date another.

hi ceee, a legal seperation is not a divorce, without an actual divorce you are still married, i would take some time and check the laws here in California, loopholes come back to bite you later. J.

I had a legal seperation for about 2 years. I did so because I needed medical coverage and was too straped to pay for the divorce right away. I am not sure how long you can have one. It did seperate our finances from that point forward. No it is not really a divorce, because you both can not remarry untill you have a divorce decree. Also it does not resolve issues like child custody or debt that occured during your marriage.

there is health insurance thru blue cross called major risk insurance (its subsidized thru the state like healthy families) i had to buy it for my teenaged daughter with bipolar disorder. I chose the PPO for the freedom of choice. the monthly cost is $365.00. to check it out go to www.bluecrossca.com If you divorce, make sure that it is written in the decree that dad provide health insurance on the kids until age 18 )in addition to the child support

I recommend legal separation. But that is because I believe in the sacredness of marriage and no matter how bad the marriage is, there is always hope that God can heal it and restore the marriage. It may take some time and you may need a legal separation for now for financial reasons. That's what I have to say but I don't know your situation and don't know your beliefs. I have a lot of experience with this type of thing and wish you all the best.

If the marriage is over, get a divorce. A legal separation should only be done if there is still a viable chance of reconciliation. Medical insurance should not be a consideration. I had a pre-existing condition when I got divorced. Finding affordable insurance was not a problem. Personal integrity is important. Don't lose it!

Don't get a divorce, it's hard!! Life is long, be careful with it. Love, M. D.

Go ahead for the divorce. separation does not do anything even when you are filing divorce you still get insurance health. Do not forget to claim sole custody for your kid if he has it your doom.... Do not let him know about it either. Try marriage counseling first before all the divorce stuff. It very serious and a lot of stress.

A lot depends on the state you are in. The insurance should not be an issue. I live in California and because my ex has great medical insurance he has to keep it on our son. I was covered until the divorce was final.....4 years! I have event thought of writing a book on divorce and I have intereview hundreds of men and women, so feel free asking me what ever you need and I will let you know what I know. I originally wanted a "legal" seperation, but my ex was so mad that I went to an attorney, he never spoke to me again and went for the divorce. The legal seperation is only to seperate the asets as he was hiding all our money! Hope this helps.

YOu did not mention who had the Pre X, going to assume you. I don't know ,need more info what your pre X but If the main concern is the Pre X on medical, I am insurance agent here in LA. Where are you?...I do provide and can work with you to find a way to put you on a plan. Need more information. Might not be as serious you think. I would love to talk with you to get a better handle and then make some suggestions. I have placed many on plans with Pre Ex....going to assume your kids will remain on his plan, right, if the divorce goes thru? Deborah Alpert ###-###-#### @ ____@____.com

Legal separation is really the same as divorce as your attorney told you, but it costs the same for legal separation as divorce, so you can pay for the legal separation, but you most likely will have to pay and go through it all again if you decide on divorce. Good luck to you, I am going through a divorce myself.

What does your husband want? Will he go for a legal seperation? When I was faced with the situation, I did not have the option. At the time, the ex-to-be was also using illegal substances, and I feared being legally liable for any mis-adventures he might have.

Hi,
A legal separation establishes that there is no longer the same community aspect of marriage from that point forward. Of course, any guidelines can be established that you both agree on, but basically it provides for each other's debts being separate from then on.
I would imagine that you are only considering this as a temporary measure to get medical stuff handled for a while. Even if you move forward with getting a divorce, it takes time, depending on when you two agree on settlement, and the time that it takes for the court to declare it. In the meantime, he is required to keep up the insurance that was in place.
Have you looked into COBRA? You should be entitled to purchase the same coverage for 18 months. I am going through a divorce myself, and I can really appreciate the concern over health insurance. I have many health issued requiring surgeries, and if I lost my insurance, it would cost me a exorbitant amount of money IF I could even get it. 18 months of COBRA might give you a chance to find insurance elsewhere (through an employer?).
I really understand your concern. That is why this presidential election is so important to me. I'm in a situation of having such high medical bills (even with insurance), that I have to choose between going to school, or paying for medical. I don't qualify for government medical assistance, but yet my medical costs are so high, that my income gets sucked up.
I don't know your health concerns, but another option might be to see a naturopathic doctor. I saw one who helped identify the imbalances in my body that were causing things like diabetes. My blood sugar is now normal, whereas regular MD's would have just had me on medication. Contact me if you'd like a referral for the naturopath that I used. He is in Santa Monica.
Do check into COBRA insurance through your husband's employer. It should allow you to continue coverage for 18 months.
All the best. M.

Oh my gosh. I am in the same situation. Married for the 2nd time and had breast cancer, so I would like to keep his insurance. Wasn't sure about the seperation thing. He may stay in the house for my 14 year old sons sake, our dog, and the insurance. Is it true that if you are together for certain things, the seperation period could still be considered being married and you could still collect from his earnings during seperation time? Any other info?
Thanks,

I am a divorced mom of 3 boys and I have a preexisting condition. It would be VERY expensive if I could even get any insurance. My husband has been "kind" enough to keep me on his insurance with our 3 boys. (He is self-employed) I don't know if this is right or wrong. My marital settlement agreement shows that he has to provide insurance for me because of the preexsisting condition. Talk with your atty about that being a MUST in the agreement. Hope that helps somewhat!

I will be starting the process of divorce after being separated for one year (not legally). I think the insurance part could depend on the employer. I work for a private university and would be unable to keep my husband on my insurance if legally separated or divorced. I would have your husband check with his employer's HR and see if he can keep you on the benefits if legally separated.

What if you wanted to get married again some day? I have a pre-existing condition and I got medical insurance through Anthem Blue Cross PPO. You might want to check with them.