questions & answers

Question: My wife and I are going through a separation and are in the process of either a legal seperation or divorce, I have been covered on her insurance. She will no longer cover me on her insurance. I am disabled and have no income, can I apply for AHCCCS with a legal separation?

Answer: Legal separations in Arizona handle property in much the same way as divorce.  The relevant statute:  Arizona Revised Statutes, Section 25-313 states the following: "5.  To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property."  Under the statute, your incomes are now separate and, unless spousal maintenance (alimony) was awarded to you, you can apply for AHCCCS based on your current income.