QUESTION
How can I keep my health coverage if my husband wants divorce?
Asked on Sep 23rd, 2012 on Divorce - Michigan
More details to this question:
We have been separated for three years. The separation agreement states that I can continue my health coverage providing that we are not divorced.
14 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Do not get a divorce.
Answered on Jun 12th, 2013 at 2:32 AM
Dennis P. Mikko
Once you are divorced, your husband's healthcare provider will have to provide you with coverage under COBRA. You will have to pay for the coverage. You could negotiate as part of the divorce settlement that your husband continue to pay for your health care coverage for a period of time.
Answered on Sep 28th, 2012 at 1:21 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Once you are divorced, you cannot stay on his insurance. However, you may be eligible for continued coverage through his company based on COBRA. You should call his Human Resources department to see if this is available. If it is, there is a monthly charge for the coverage. If you have preexisting conditions, you may need this. Or, you can seek a private policy, which is often less expensive. You can try to get your husband to pay for this. COBRA coverage can only be maintained for three years.
Answered on Sep 26th, 2012 at 2:18 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Delay the entry of the judgment of divorce. You can then pay 102% of the cost for you if this is through a job, that is called COBRA COVERAGE it lasts 18 months after dissolution of marriage. If this is not through work contact your insurance company.
Answered on Sep 26th, 2012 at 2:18 PM
Collaborative Divorce Attorney serving Spokane, WA
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Burke Law Group, PLLC
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Once you are divorced, statutory law and terms within the group health plan will control what coverage you can continue, and for how long. If your husband's health plan falls within the federal COBRA rules, for a divorce you may be eligible to continue your coverage for up to 36 months, but you or your ex-husband would need to pay the monthly premium expense for this coverage. If the employer is a small business, there is the possibility that the health plan will not offer COBRA coverage. The terms of the plan may provide an option to continue the coverage, but that would need to be researched further by you or your husband. Again, the cost to continue the coverage will need to be paid by you or your husband, once the divorce is finalized. There are certain time frames and procedures that must be complied with to ensure that you can continue your coverage; inquire of the plan sponsor about the cost and how to apply for continuing coverage. Alternatively, depending upon your age, gender, and health, you may be able to purchase an individual policy at a lower cost than continuing with your husband's employer's group health plan. .
Answered on Sep 26th, 2012 at 2:18 PM
1 Award
Once divorced, you will no longer be covered. The health insurer may offer you to continue coverage under cobra but it will be at a much higher cost.
Answered on Sep 26th, 2012 at 2:17 PM
Michael Paul Vollandt
If you keep the status of your marriage in tact you can continue to use his insurance. If the status is terminated then you must elect you COBRA rights in your husband's insurance plan.
Answered on Sep 26th, 2012 at 2:17 PM
So long as you are a legal dependent of your husband, he can keep you covered on his health insurance. Once you are divorced, he cannot legally do so. You probably have what are called conversion benefit rights so that you can be covered under his insurance plan for up to about 18 months after the divorce is final but you will have to pay for that.
Answered on Sep 25th, 2012 at 1:47 PM
Many health plans do not allow divorced spouses to remain with the plan, but it is allowed if a judgment of separation is filed. You should make your health care coverage a priority in your settlement negotiations. You should consult a family law attorney to review all of the facts and advise you how best to proceed.
Answered on Sep 25th, 2012 at 1:46 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Apparently you are referring to health insurance provided by your husband's employer and the answer is probably that after divorce you are no longer eligible for coverage under that plan, except for a brief period as provided under the COBRA law. Even under COBRA, however, you or your husband will have to pay the full cost because the employer will no longer subsidize the plan. If, instead of a divorce, you only have the court enter a decree of legal separation, you will remain legally married and, therefore, still eligible for coverage under the current health insurance plan. Your separation agreement is not binding on the employer and isn't really binding on anyone until it is approved by a court.
Answered on Sep 25th, 2012 at 1:46 PM
Tamara Marie Chin
You will ask the court to restrain him from changing any policies but eventually you will need to get it on your own.
Answered on Sep 25th, 2012 at 1:46 PM
Steven D. Dunnings
You can't. If you divorce, you can stay on his insurance for about 18 months under COBRA before you have to get your own insurance.
Answered on Sep 25th, 2012 at 10:32 AM
Obviously, getting a divorce would void the agreement. You could, however, negotiate health coverage as part of your divorce. Have you considered Mediation? Mediation is Fast, Effective and Affordable.
Answered on Sep 25th, 2012 at 10:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, although you may have COBRA rights (where you will have to pay the premiums). You cannot be covered as a spouse if you are not a spouse.
Answered on Sep 25th, 2012 at 9:54 AM