Allendale, MI Divorce Law Firms & Lawyers

One spouse cannot usually remove the other spouse from health insurance maintained through their employment during the pendency of a divorce. However, insurance carriers may allow changes to coverage during periods of open enrollment, and the companies may not require proof of a divorce to make the change. Your sister should have the issue addressed in a temporary order to avoid that possible problem. You are correct that once a decree is entered, your sister's health insurance will terminate. She can apply for and obtain coverage for a limited time through COBRA but that can be expensive. The increased cost of health insurance on the private market would be a factor for the court to consider in awarding alimony to your sister. Your sister may also qualify for medicaid or other insurance coverage for her condition based on her disability.

You should talk to your lawyer about the fact that this asset of the marriage has been devalued. Also look over the divorce agreement as it relates to this asset, were you both responsible for maintenance and repair.

The community property is a separate issue as alimony. Louisiana is a community property state. Each of you is entitled to 1/2 of the assets and responsible for 1/2 of the debt accumulated during the course of the marriage. Usually, but not always, if the parties can't agree otherwise, the judge will order the retirement to be divided as mentioned above by way of a qualified domestic relations order (QDRO), and then handle the remaining property separately. If she wants the house, you may wish to work things out whereby she gets your interest in the house in exchange for her giving you her interest in your retirement.