QUESTION
Going through divorce and receiving alimony, due to abuse and health can I keep the insurance?
Asked on Jan 15th, 2013 on Divorce - California
More details to this question:
I'm 49 disabled since 2001, relocated due to physical abuse from my husband. Mutual 18 yr old daughter still lives at home with me. Going through divorce, receiving alimony...can we keep our current insurance? I'm pending back surgeries, and we're receiving mental health services. I was denied medical attention during the last 4 yrs of my marriage, even though we had insurance.
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Nearly all health insurance policies cut off family coverage upon divorce. Some states have health insurance specifically for people who can not afford regular insurance. Or you could seek sufficient alimony (or maintenance) to cover the cost of your getting a new health insurance policy for yourself and the children. This problem will be easier to solve once all the provisions of Obamacare come into effect.
Answered on Jan 24th, 2013 at 11:12 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If his insurance is through his employer, you will not be able to continue to be insured by the employer. You will be given the option to pay COBRA to keep the insurance in force. You should check to see what that cost is and see if you can get your husband to pay it.
Answered on Jan 21st, 2013 at 2:07 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Once there is a final judgment dissolving your marriage, it is unlikely you will be able to remain on your husband's insurance plan. You are generally able to cover your spouse, children, and other dependents on your health insurance plan. After the divorce, a former spouse no longer qualifies. Hope that this helps.
Answered on Jan 21st, 2013 at 2:07 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Generally, the answer to your question depends on who provides the insurance. If the other spouse provides the insurance you can COBRA on that insurance after the divorce. Maintenance should be set at an amount sufficient to allow you to pay for the insurance.
Answered on Jan 21st, 2013 at 2:06 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Medical insurance will probably stop covering you once the divorce is final.
Answered on Jan 21st, 2013 at 2:06 PM
If the policy allows COBRA coverage you may qualify, otherwise it is unlikely.
Answered on Jan 21st, 2013 at 2:06 PM
Once you are divorced you will no longer be a dependent. If you are not a dependent you cannot legally be insured by your ex spouse's insurance coverage. However, you do qualify for a conversion benefit coverage plan which you can ask the court to have your husband pay. The payment will be based on his ability to pay not on any abuse which may have occurred in the past.
Answered on Jan 20th, 2013 at 11:19 PM