HEALTH INSURANCE

Can I continue to be covered by my ex-spouse's health insurance once we are divorced?

Once you are divorced, you will no longer be eligible for coverage under your ex-spouse's health insurance. However, your children will remain eligible under your ex-spouse's health insurance. The loss of health insurance coverage is one factor the court may consider in making an award of equitable distribution and maintenance.

Additionally, the court is required to ensure that both sides of a divorce action be notified of a possible loss of health care coverage before a Judgment of Divorce is signed. Stipulated or settled divorces must include a provision in the agreement about health care coverage.

The federal government has established rights of divorced spouses to retain health insurance coverage. The law requires employers who are subject to the provisions of the “COBRA” law to make continuation of medical insurance coverage available for a certain period of time. The cost of continuing coverage under COBRA may be more or less than the cost of obtaining other health insurance coverage. The responsibility for payment of premiums for COBRA coverage is often a subject of negotiation.