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Divorce from Bed and Board - Maintaining Medical Insurance for a Spouse with a Divorce that is Not Absolute

Aug 3, 2015 @ 04:23 PM — by Michael Green

There are often times where parties seek to maintain the health insurance for the other party after a divorce or when the parties seek to separate economically going forward without going through an absolute divorce.  In those instances, a divorce from bed and board may be solution that works for you.  A divorce from bed and board is not an absolute divorce.  Parties obtain a divorce from bed and board if both parties consent to it and at a later time may convert the divorce from bed and board to an absolute divorce.  Please call Green & Associates, divorce attorneys and divorce lawyers, at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office if you wish to have a free consultation regarding a divorce from bed and board.  Nights and weekends are available for appointments.

If the parties are seeking to maintain health insurance for the party that is maintained by the other party, it would first have to verified that the health insurance plan would continue to maintain the other party on the health insurance after a divorce from bed and board.  Generally, public employee health plans will continue to cover the other individual if the divorce is not an absolute divorce.

In situations where one party cannot cover the expense of health insurance or if one party has a preexisting health condition or the parties wish to allow the individual to reach the age where they may obtain medicare insurance coverage, a divorce from bed and board may be an interim solution.  

Procedurally, a divorce from bed and board is similarly processed and any matrimonial or property settlement agreement would state the terms as to for how long a divorce from bed and board would continue until one of the parties no longer consents to continue the divorce from bed and board.  Thereafter, the divorce from bed and board would have to be converted to an absolute divorce via the filing of a consent order and amended judgment of divorce.  All issues of child support, child custody, alimony and equitable distribution of assets and debts may be determined through the Property Settlement Agreement of the parties at the time of the divorce from bed and board.  In this manner, when the divorce is converted to an absolute divorce, the prior agreement continues for the parties as to the terms of divorce.

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