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.
Can his insurance company drop me if we are separated? Cherryl's Question: If you separate, you are still considered married. But my husband says that if we separate it is looked at as a divorce by his employer? How is that legal? Brette's Answer: In some cases health insurance and benefit plans treat a separation the same as divorce. 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. Will I lose insurance coverage when we divorce? Nicole's Question: My husband has started the process of filing for a divorce. We have two children and I am pregnant with the third. My oldest is not his, but he carries insurance on her. He is telling me that once he finalizes the divorce my oldest and myself will lose his insurance. Is this correct? Brette's Answer: You can continue the insurance through a federal law called COBRA. The court might even order him to pay the premium. Can I make him carry insurance on our daughter? Fallon's Question: Can I legally make him put our daughter on his insurance once she is born? Brette's Answer: Yes, you can file for child support and request that he carry the insurance. Good luck. » Return to questions Would the courts make him continue insurance on my daughter? Pamela's Question: My husband of less than two years walked out of the marriage one month ago with no notice. When we married, my husband put my daughter on his employer's insurance because she has Cystic Fibrosis. He is now threatening that he will take my daughter off his insurance. Would the courts continue to make him cover her? Can I request that he now cover me under his insurance since I am his most "recent" ex spouse? Brette's Answer: I'm assuming your daughter is not your husband's biological child and that he did not adopt her. If that is the case, he has no obligation to support her. You could purchase COBRA insurance based on his policy (through her most likely) and would then need to find other insurance. You can ask that he be required to pay for your health insurance as part of your divorce settlement or judgment - there's no way to predict how a court would rule without knowing all of the circumstances involved. Can I take my kids off his policy and seek Medicaid coverage? Vicky's Question: My ex was ordered by the court to include the kids on his medical coverage thru his employer. Can I take the kids off his medical coverage to seek Medicaid coverage from the government? Brette's Answer: You can try, but it's likely that if they have other insurance available to them that they won't qualify. I would suggest you call and ask in advance before doing anything. » 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 Is it legal for his new wife to put our kids on her insurance? Janice's Question: When my ex-husband and I negotiated our divorce 3 years ago, he agreed to continue to cover our 2 children under his health insurance plan through work. He remarried 2 years ago to a woman who he works with. I just found out that he changed his health insurance election so that he and MY 2 children are now covered under HER health insurance. He said that he did this in order to avoid an interruption in health coverage when he leaves his job. How can MY children can be listed as HER dependents for health insurance purposes? I am not happy about this for a number of reasons, but the most important reason is that I don't think it is legal. Brette's Answer: It depends on the policies and rules the employer and insurer have. I would think you would be glad your children have coverage. Good luck. 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. Can I use the insurance if his company kept me on the policy? Angie's Question: I've been divorced since 2006. At the time I was on his company medical policy and I wanted to purchase the spouse COBRA. But when we asked the company HR department, they said he could continue carrying me on his policy without purchasing the COBRA. I was skeptical about it, but they were sure about it so I continued on his policy. I asked our divorce lawyer last year, and he said it should be ok if the company willing let me be on the policy. Are they right? Can I use the coverage to go to the doctor? Brette's Answer: If you have the coverage you can use it. Most employees and insurance companies will not allow a divorced spouse to continue on the policy, but if it's being permitted in your case, that's great. » Return to questions Will court ordered ongoing insurance be through COBRA? Susan's Question: I had gastric bypass 6 months ago and my biggest worry is health care. My husband stated he would be willing to keep me on his insurance after the divorce. If it is court ordered ,does the insurance company have to comply? Or will I be forced to pay the COBRA cost instead of what he currently pays for the policy? Brette's Answer: He's not permitted to keep you on. The court can't order that. They could however order that he pay for your insurance. Am I covered if I'm pregnant by another man? Cat's Question: I have been separated for 6 months and we are now in the process of a contested divorce. I just found out that I am pregnant by another man. I have my husband's insurance and he won't drop me, but this divorce can take up to 9 months before its over. What can I do if I need to go to the doctor? Brette's Answer: The fact that the baby is not his does not affect your right to be covered by his insurance. Stay on the insurance and get medical treatment. When your divorce is finalized you will have the option of continuing it through COBRA. » 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 What if he took us off the policy despite the temporary orders? Laura's Question: My husband and I are divorcing. It was agreed at temporary orders that he would keep me and the children on health insurance. I just received notice that he took us off insurance anyway. Now what do we do? (and why is he being so mean?) Brette's Answer: File a petition for a violation of the order with the court. He'll be required to put you back on and be responsible for any costs you incurred because of the removal. I can't answer why he's being so mean, other than to say that people going through a divorce often act in ways you would never expect nor anticipate. 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. » Return to questions 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? Brette's Answer: Health insurance is only available to spouses and children. Once you are divorced you are not eligible. You can however elect to continue coverage under COBRA by paying the cost of the insurance. Can we get in trouble if I stay on my ex's policy? Leslie's Question: What recourse can be taken by my ex-husband's health insurance company if I were to remain on his plan after the divorce due to ignorance with the laws? Brette's Answer: Both of you could be liable for fraud. 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. 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 Is he still covered on my insurance if our divorce has been finalized? Sandra's Question: It never mentioned in our final divorce decree WHEN my husband is off of my health insurance. When there is an omission like that.... is there a rule to default to? We can't figure out when his coverage ends. Brette's Answer: You need to consult with an attorney about the wording in your decree. In general, you can no longer keep him on your policy once you are divorced. He has to continue the policy through COBRA. Who pays for that would be indicated in the decree. COBRA lasts 36 months. After that, he has to get his own policy. Again, who pays for that would be indicated in the decree. What if he isn't paying half the insurance costs like ordered? Hannelore's Question: My ex-husband has never abided by all the terms of the divorce decree; he is supposed to have been paying 1/2 of the kids insurance costs and owes me $3000. This has been going on since 2004. What can I do to have this changed? Brette's Answer: Go back to court and file for enforcement/violation. Good luck. » 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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