Answers to Common Questions About Divorce and Family Law in Virginia
Divorce, child custody disputes, and other legal issues that affect your family naturally leave you with a lot of questions about your rights and your options for moving forward. In our FAQ archive, our experienced divorce and family law attorneys offer easy-to-understand answers to some of the most common questions, as well as helpful tips for navigating the legal process. If you don’t see the answer to your question here, don’t hesitate to contact us in person at 877-652-1553.
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What will happen to my health insurance coverage if I get a divorce?
Health insurance is expensive. If both spouses have their own insurance plans, health insurance coverage isn’t typically an issue during a divorce.
However, both spouses may have health insurance from one spouse’s employer. In this situation, a divorcing couple must decide what will happen to their health insurance when the divorce is final.
Health Insurance While Divorce Is Pending
Until your divorce is final, your health insurance coverage should continue as it was before filing for divorce. Whether you are the spouse who petitioned the court to end the marriage or the spouse responding to the divorce complaint, your health insurance should remain unchanged.
Virginia law specifically provides this protection to both spouses by allowing the court to order the continuation of health insurance coverage while divorce proceedings are pending. Therefore, if a spouse tries to end health insurance coverage for the other spouse before the divorce is finalized, and the insured spouse objects to the end of that coverage, the court may order health insurance to continue.
Health Insurance After Divorce
Health insurance coverage for a spouse should continue during a divorce, but it will not continue unchanged after a divorce. Health insurance companies allow spouses to cover family members on their health insurance policies, but once you are divorced, you are no longer legally related, and your ex-spouse cannot include you on a health insurance policy.
After the divorce, your health insurance coverage options may include getting:
- Health insurance through your own employer. A divorce is a triggering event that allows you to sign up for health insurance outside of your open enrollment period.
- COBRA coverage for a period of up to 36 months. You must notify the administrator of your ex-spouse’s health insurance plan of your decision to use COBRA within 60 days of your divorce.
- Private health insurance. Private insurance can be very expensive. While your ex-spouse may not have to pay your health insurance premiums, the cost should be considered when determining spousal support.
Contact KFFJ Law
Don’t get caught by surprise with substantial health insurance costs after a divorce. Instead, make sure your health insurance needs are considered in your Virginia divorce agreement. Please read our free article for more tips on planning for divorce, or contact us today to get your questions answered.
Is my spouse’s substance abuse problem relevant in our divorce?
Substance abuse may be relevant to some aspects of your divorce agreement or court decree. Therefore, you should share your spouse’s substance abuse problem with your divorce lawyer as soon as possible.
Substance Abuse as Grounds for Divorce
Substance abuse is not listed as a statutory reason for an at-fault divorce in Virginia. However, if substance abuse leads to a felony conviction, puts you at risk for physical harm, or causes your spouse to desert you, it could be a reason for a fault-based divorce. Otherwise, substance abuse may be the reason that you seek a no-fault divorce.
Since you can seek a no-fault divorce in Virginia, grounds for divorce may not be your primary concern. Instead, you may be worried about the details of your divorce.
How Substance Abuse Impacts a Divorce
In most cases, your spouse’s alcohol or drug addiction will not affect alimony, division of marital property, or division of marital debt. However, if your spouse spent a significant portion of your family money on drugs or alcohol or incurred debt because of his addiction, it could impact alimony and the division of marital assets and debts.
Substance abuse is more likely to impact child custody and visitation. The courts decide child custody issues based on the best interests of the child and not what is equitable for the divorcing spouses. Therefore, if you can prove that it is not in your child’s best interests to spend time with a parent who abuses drugs or alcohol, you may be able to prevent your child from spending unsupervised time with the parent who is not always sober.
If you’re worried about your children’s safety due to your spouse’s substance abuse, our experienced family law attorneys will help you obtain a fair and legal divorce settlement that protects your kids. To learn more, please fill out our online contact form, or call us today.
Do I have to be legally separated from my spouse before getting divorced in Virginia?
Virginia, unlike many other states, does not recognize “separation” as a legal status in a no-fault divorce. Therefore, there is no special designation that you need from the court in order to be legally separated before you seek a divorce.
You Still Need Proof That You Were Separated
In order to get a no-fault divorce in Virginia, you must either be separated from your spouse for one year or, if you have no minor children, be separated from your spouse for six months with a separation agreement in place.
Without a formal separation designation from a court, you will need to prove the date which you separated. Generally, Virginia courts consider the date of separation to be the date on which one of the spouses decided that the marriage was over and informed the other spouse of that decision. This may have been done through a conversation or in writing (typically, via email or text).
If the date of separation is in dispute, the court may consider things such as:
- Whether there is a voluntary settlement agreement that is dated and signed
- When you and your spouse began to identify yourselves as separated to family and friends
- Whether you continue to attend events or go out together
- Whether you live in the same house and, if you do, whether you share a bedroom
If there are grounds for divorce such as adultery, desertion, or cruelty, there are legal options that are not used in a no-fault divorce case. For example, either spouse may request temporary relief from the court to resolve immediate issues of child custody, spousal support, and use of the marital home. Additionally, a spouse may file for a limited divorce—known as a divorce from bed and board. If a divorce from bed and board is granted, neither party may remarry or legally engage in sexual relations with anyone else.
Voluntary Separation Agreements
While Virginia law does not typically require separation agreements, the spouses may choose to negotiate a separation agreement that resolves issues such as child custody, child visitation, spousal support, use of marital property, and property division pending a final divorce.
If you are interested in entering a voluntary separation agreement or establishing a clear date of separation from your spouse, it is important to contact an experienced divorce lawyer as soon as possible. Our lawyers understand that the decisions you make now will significantly affect you and your family. We will always listen to your concerns, provide you with honest advice, and help you make a realistic plan to achieve your goals. Contact us today.