Q: My wife wants a divorce and will be leaving the house. Is it better if I file for separation before her?
At what point is she not in titled to my health care I’m not a jerk.
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A: There is no such thing as a legal separation in New Jersey! You cannot remove her from your health insurance under existing law, unless and until you obtain a Court Order allowing you to do so. But what you must really do, prior to anything else, is to retain an experienced matrimonial attorney to represent you in this matter.
A: Thank you for your question. I understand how worried you must be about your Wife wanting a divorce and leaving the house. In New Jersey, there is no option to file a legal separation with the Courts. With regards to the health insurance question, you cannot simply remove her just because either of you file for divorce. Pursuant to the Court Rules, you must continue carrying her on your health insurance during the divorce proceedings until the divorce is finalized. I strongly suggest that you schedule a consultation with a family law attorney who has experience with these types of issues as soon as possible, so that you can understand your rights and options regarding your divorce.
Teresa L. Reichek agrees with this answer
A:
Thank you for your question. There is no such thing as legal separation in New Jersey. There is no strategic advantage to filing for divorce first in this state. Divorce can be complicated and confusing and you will need legal expertise.
You are not allowed to alter or remove her from any insurance coverage during the divorce process and at least 90 days prior to a Complaint being filed. Your wife stays on your insurance until the divorce is finalized.
Before you move forward you should consult with an experienced family law attorney to determine your rights and responsibilities pending divorce.
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Flavio Van Boekel agrees with this answer
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