Health insurance is a very real, practical issue for many New York couples navigating divorce. Long Island spouses, particularly those covered by a partner’s employer’s plan, maintain coverage after filing but face loss of coverage once a divorce is finalized. A proposed change in New York law would streamline the path to no-fault legal separation. Although this isn’t a guaranteed workaround for health insurance or a way to prevent divorce when one spouse wants a legal divorce, it may be a viable solution for cooperative spouses who do not want to immediately end the marriage. If you’re considering this option, a Long Island divorce attorney may be your next call.
At Petroske Riezenman & Meyers, P.C., we know that every marriage—and every divorce—is different. The solutions that work for some divorcing couples aren’t suitable for others. If health insurance, support, and financial stability are major concerns as you consider divorce or separation, we’re here to help you explore options. Attorney Clifford Petroske has spent more than 30 years working exclusively in family law, helping clients on Long Island navigate complex issues and disputes. Call our divorce law firm at 631-337-1977 to schedule a consultation now.
What is No-Fault Separation Under the Proposed New York Law?
New York Senate Bill S1261A proposes a no-fault basis for legal separation in New York. It’s similar to no-fault divorce in that it allows couples to seek relief based on the irretrievable breakdown of the relationship for a minimum of six months.
The proposed law would allow a judgment of separation when the relationship has broken down irretrievably for at least six months, provided that issues like spousal support, child support, legal fees, custody, and visitation have already been resolved.
New York does already recognize separation agreements, but a private separation agreement is different from a judgment of separation. No-fault separation may offer a clear path to court-recognized separation without requiring either party to prove fault.
How Separation Differs From Divorce in New York
Separated spouses are still technically and legally married in New York, while divorced couples are not. A legally separated spouse may still qualify as a dependent under health insurance plans, and legal separation may affect tax filing options.
There are benefits to keeping these connections intact, which is why some couples work with a Long Island divorce lawyer to work out a separation agreement or consider whether or not a judgment of separation may be a viable option.
Note that separation is not the right fit for every case. If one spouse wants a divorce and they file or counterclaim for divorce, the other party cannot use legal separation to force them to remain married indefinitely. No-fault separation is most valuable when both parties want to pursue separation instead of a final divorce.
Why Health Insurance is a Major Concern
Health insurance is an important topic for many divorcing Long Island couples. It’s often tied to employment, and it’s common for families to rely on one spouse’s employer-sponsored plan. When a divorce is pending, automatic orders require the parties to maintain existing coverage. But once a judgment of divorce is entered, the non-employee spouse may no longer qualify as a dependent.
While COBRA can extend coverage for a short period of time, it is often very expensive, and it’s not a long-term solution. This is why health insurance must be a part of your divorce or separation strategy. A spouse may want time to find employment-based coverage, compare marketplace options, negotiate support that includes insurance costs, or find another way to continue coverage under the existing plan.
How No-Fault Separation Could Preserve Health Insurance
No-fault separation doesn’t automatically solve every health insurance issue. But since separation does not legally end the marriage, it can allow spouses to remain married while resolving support, custody, and financial issues. If both parties are willing to separate instead of finalizing a divorce, this may be a suitable solution.
During no-fault separation, the spouses may maintain the legal status needed to continue coverage, although requirements do vary based on the insurance plan. It’s important to review plan language while considering your strategy.
Note that this option does have limits. No-fault separation cannot stop a divorce if one spouse wants to pursue one, and it’s not a guaranteed health insurance strategy. It can be helpful for cooperative spouses who want something more enforceable than a private separation agreement without seeking a divorce judgment.
Explore Your Options With Our Long Island Divorce Law Firm
At Petroske Riezenman & Meyers, P.C., we’re committed to finding the right solution for your specific needs as your marriage ends. Whether you’re curious about the idea of no-fault separation or you’re ready to move forward with divorce, we’re here to help. Call our Nassau County location at 516-699-1989, call our Suffolk County office at 631-337-1977, or contact us online to schedule a consultation today.
If you are contemplating an annulment, contact us to consult with an experienced matrimonial attorney who is well-versed in the nuances of New York State law to achieve your best outcome.