If I divorce my husband, will I be able to keep the health insurance? 20 Answers as of November 14, 2011I have a kidney transplant and my husband is cheating. He works at salt river project and I am on his insurance plan. If I get divorced, can I stay on his insurance? He is almost 62 years old and I am 54. Thank you for your help.
Reeves Law Firm, P.C. | Roy L. Reeves
You have to check his insurance. The court cannot order him to keep you on a group policy. The Court can order him to provide you with insurance for a period of time, but cannot dictate to the carrier to allow it. The insurance company is not a party to your divorce.
Answer Applies to: Texas
John E. Kirchner, Attorney at Law | John Kirchner
Probably not, but you would have to check the exact provisions of any employer-provided plan. There is federal law (typically referred to as the COBRA rule) that requires all employer-plans to make the same policy plan available to a former spouse upon divorce without regard to any pre-existing conditions rules. That requirement guarantees you can continue the same plan in your name for 36 months after the divorce, but you will bear the full cost because the employer is not required to subsidize the coverage for you. That additional cost should be a relevant factor in deciding if and how much alimony you should be awarded in the divorce case.
Answer Applies to: Colorado
Law Office of Michael W. Bugni | Jay W. Neff
If you get divorced, you are entitled to stay on his insurance via COBRA coverage for up to 36 months. However, you have to pay for this insurance coverage, and, generally, it is incredibly expensive. Therefore, this doesn't do much good for a lot of people.
Answer Applies to: Washington
Horizons Law Group, LLC | Michelle B. Fitzgerald
No, a divorce terminates coverage. However, you can do a legal separation as that often allows coverage to continue. You would need to check with your husband's health plan to know for sure if you can stay on. Legal separation still divides property and such like a divorce, just keep the status of married for at least a year and more if neither of you ask to convert to a divorce. After 12 months, either of you can ask to convert it to a divorce.
Answer Applies to: Wisconsin
The Law Office of Cathy R. Cook | Cathy R. Cook
If your husband's company is subject to COBRA, you can maintain the same insurance coverage for up to 3 years after divorce. You will not be on his plan, but on your own coverage for which you or your husband must pay a premium.
Answer Applies to: Ohio
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, if there is a property settlement agreement (PSA) between you and your husband as part of the divorce in which he agrees to keep you on his insurance coverage (at least for a specified period) after the divorce is finalized. However, if there is no such PSA and a judge has to decide the important issues of the marriage through the process known as equitable distribution, then you might be awarded such coverage by the judge but there would be no guarantee.
Answer Applies to: Virginia
Dunnings Law Firm | Steven Dunnings
You will qualify for insurance under the COBRA law, but that lasts for about 18 months at a higher monthly premium, then you have to get your own insurance. You might be able to get spousal support from him as well as a portion of his pension. Hire an attorney.
Answer Applies to: Michigan
Law Office Of Jody A. Miller | Jody A. Miller
This is something you will have to ask the insurance accompany. Usually, ex-spouses cannot remain on group employment insurance policies since they are no longer dependents. The most common option is to continue the coverage for period of time through COBRA, while the ex-spouse applies for their own coverage.
Answer Applies to: Georgia
Attorney & Counselor at Law | John Hugger
Probably not without the family relationship. You could seek a "legal separation", which either party could easily turn into a divorce after 6 months; or if you seek the legal separation he may respond seeking a divorce. COBRA is the health plan many folks in your situation end up with. Consult with an attorney.
Answer Applies to: Colorado
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
Typically when the divorce is concluded, your health insurance benefits will be terminated by your Husband's employer because you are no longer a spouse or dependent. Some companies will continue to provide coverage in a legal separation, but sometimes the benefits are terminated with the legal separation. You should contact your Husband's employer's human resources office to find out whether health insurance is continued in a legal separation. You can apply for COBRA benefits after divorce to continue your Husband's insurance but COBRA lasts only 18-36 months depending on the insurance plan and can be very costly. Ask the human resources office for COBRA information relative to the policy in place, including cost and length of continuation benefits.
Answer Applies to: Wisconsin
Law Offices of Arlene D. Kock | Arlene D. Kock
You will be entitled to be on his plan under COBRA however the premiums could skyrocket. If you file a petition for legal separation and husband agrees to this arrangement, you divide your property but remain married and presumably eligible to remain on your husbands health coverage.
Answer Applies to: California
Donaldson Stewart, PC | Monica H. Donaldson Stewart
Once the divorce is final, you will no longer be considered his "dependent," so you cannot remain on his health insurance; however, you may be eligible to elect COBRA coverage for 18-36 months (same coverage but at your own expense, with no employer contribution). You may also want to consider legal separation rather than divorce, because some employers allow continued coverage for legally separated spouses.
Answer Applies to: Arizona
David A. Browde, P.C. | David Browde
No. If you are on his health insurance you can not maintain it post divorce. However he may be required to provide substitute insurance, and you would at minimum qualify for COBRA for a period of time, usually 36 months.
Answer Applies to: New York