Can my husband keep my on his insurance police after the divorce? 4 Answers as of June 27, 2011

I'm getting a divorce after being married for 29 years. My husband works for the City of San Diego and pays for me to be covered under his medical insurance. He is willing to keep me on his policy. He thinks he can because he pays for me to be on it, but I am not so sure. Can he keep me on his policy?

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Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
In California most insurance companies will not allow an employee to keep their ex-spouse on their insurance policy; however, it depends on the insurance company.
Answer Applies to: California
Replied: 6/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your concern is appropriate. Once divorced, your husband cannot include you on his group medical insurance as his wife, and you would need to seek Cobra health insurance coverage, which is fairly expensive and limited in duration.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You would need to contact the plan administrator to ask whether you may remain on the plan. Each company has varying regulations. Usually if a provision is contained in the judgment that your spouse is required to keep you on his insurance plan, the employer will honor that provision. There are some companies however that require that the former spouse be removed from the plan as soon as the divorce is finalized.
Answer Applies to: California
Replied: 6/27/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You need to ask your husband's employer whether they allow an ex-spouse to stay on their employee health plan. In my experience, most employer's do not allow this. It's a decision made by each employer. However, if the employer will allow it, then there's no law that would prohibit coverage to an ex-spouse.
Answer Applies to: California
Replied: 6/27/2011
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