Health Insurance and Divorce - Your OptionsWhat can you do if you need to continuing health insurance and divorce threatens to take that away? What about if you want to drop your spouse from your coverage? If you are facing such a situation, the following advice from the legal expert can help shed some light on your options.
What are my rights to continue health insurance? Jennifer's Question: I am a 2 year breast cancer survivor, and feel trapped in a bad marriage. I want to leave, but fear that it will cost me my life if I do not have health insurance. I will graduate soon with an associates degree, and would like to seek a permanent job after graduation. I guess my question is, do I have any legal rights regarding health insurance coverage for a pre-existing condition? Brette's Answer: This is an important question and really draws attention to why health insurance is a critical issue in our country. You have a few options. First of all, you need to understand the Health Insurance Portability and Accountability Act allows you to obtain insurance on a continuous basis even if you have a pre-existing condition. After a divorce, you can continue under your husband's policy under COBRA for 36 months. You will have to pay the costs of the premiums, but will able to continue the insurance under his plan at the costs your employer gets it at. Once that runs out, you would need to find another health insurance plan. There are options - such as state sponsored plans or joining a chamber of commerce or other professional organization to obtain coverage. Many states have health insurance available on an income-based sliding scale, so you may be able to obtain affordable insurance that way. If you qualify, you could also obtain Medicaid, however, this usually excludes the "working poor". Once you graduate, you may be able to find a job with benefits. Talk to the career counselors at your school about where to look for a job. » Return to questions Can he be ordered to keep ongoing health insurance for me? Cathy's Question: I was married for 22 years. Recently, I had surgery and have a lot of ongoing health problems which will require medication for the rest of my life. Now I may have to do without insurance, and he wants to quit paying for my medications. What can I do? Brette's Answer: You can ask the court to order him to pay for your health insurance, or your medical bills. The decision will be based on your situation, but health insurance is most definitely something courts will order as part of alimony. Talk to your attorney. » Return to questions Can his new wife be required to put our kids on her insurance? Jill's Question: Our divorce currently says that my ex will provide insurance for our daughter though his work. His new wife has insurance through her work, and they are refusing to pick our daughter on her policy. How do I modify the divorce to include this? Brette's Answer: You can ask for a modification to the insurance clause, however you have to understand the court has no jurisdiction over his new wife - she is not a party to your divorce, so the court can't order her to add your child to her insurance. » Return to questions Can he drop me from his insurance before the divorce is final? Marianne's Question: My husband and I are filing for divorce, he took me off his insurance plan at work. He told me I must get health insurance for myself because he has been put on notice by his company "that what we are doing is illegal" (meaning my being insured while we are not living together). Can he legally drop my from his insurance before the divorce is final? Brette's Answer: It actually varies from state to state and employer to employer. Some employers and insurers will stop coverage as of the date of separation, not the date of divorce. You can call the HR dept at his company and ask what the rules are. Even if you are not allowed to stay on his plan, you are always entitled to continue health insurance through your spouse under COBRA. You should consult an attorney who can advise you how to handle the situation and what your options are. Can I drop him from my insurance before I file for divorce? Patty's Question: I have not filed for divorce yet, but I'm going to. I am the one who carries the health insurance on my husband through my employer so it is deducted from my check. I need this money to live on since he does not provide me with anything. Can I stop his heath insurance before I file for divorce? Brette's Answer: You can, but it's likely the court might order you to continue it - it depends on all of the financial circumstances. What you could consider doing it asking your husband to pay you the difference between a single policy and a family policy. » Return to questions Can his lawyer make me put him back on my policy? Karen's Question: My husband walked out on me 2 months ago, so I took him off my insurance policy. Now his attorney is saying that he has to be put back on. I was also told that he doesn't have to help me with any of the household bills because the house isn't in his name. Could you give me some advice? Brette's Answer: First of all, his attorney does get to dictate what you do. Only the court can order you to do anything. It is possible you can be ordered to put him on your insurance, but that's for the court to decide. Both the health insurance and the bills are going to be an issue of spousal support and that's going to depend on the entire financial picture. You should get an attorney to represent you in this. Can I stay on his policy if they don't know about our divorce? Loubna's Question: Can I stay on my husband's policy after divorce if he doesn't tell his employer that the divorce is finalized? Do I risk getting in trouble with the law? Brette's Answer: Health insurance is only available to spouses and children. Once you are divorced you are not eligible. Your husband would be the one committing fraud by not informing the insurance company, and you would be an accessory by continuing to use the insurance. You can however elect to continue coverage under COBRA by paying the cost of the insurance. » Return to questions Do I have to keep insurance on him if we're legally separated? Jean's Question: Do I have to keep health insurance on my spouse? We have been legally separated for over 4 years, and he has been dragging out the divorce to keep health insurance. Brette's Answer: You are not obligated to continue insurance for your spouse unless you've been ordered by a court to do so. If you stop it, he could go to court and ask that it be continued and the judge would have to decide at that point if you are responsible for it. When can I drop my husband from my medical policy? Cheryl's Question: How long do I have to wait to drop my husband from my medical after the divorce papers are filed? Brette's Answer: Generally, once the divorce is finalized, you remove the spouse from the policy. » Return to questions
Related Articles: Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce
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