QUESTION
What court order is needed to stay under ex-spouse health insurance?
Asked on Nov 13th, 2012 on Divorce - Maryland
More details to this question:
Can I obtain a court order dating back to the divorce date stating that I need my ex-husband to continue covering me under his company’s health insurance? Would his company know of the date the legal separation turned into a divorce? I’m worried that since the divorce, I never followed through with obtaining such court order and my divorce was final in 2010. I’m not sure what to do.
10 ANSWERS
Steven D. Dunnings
No.
Answered on May 28th, 2013 at 2:18 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You cannot remain on your husband's health insurance after divorce. Rather, you are entitled to continue coverage through the company on your own policy for 3 years if the company is large enough to offer COBRA coverage. However, to obtain that, you must file for it very soon after the divorce, not two years later.
Answered on Nov 16th, 2012 at 2:48 AM
Unfortunately, the final divorce decree is just that Final. You cannot go back years later and modify the final decree.
Answered on Nov 15th, 2012 at 4:45 AM
Dennis P. Mikko
The court that handled your divorce cannot order your ex-husband's employer to provide you with health insurance even if he pays for it. At best, you could have had included in the Judgment of Divorce that your ex-husband must pay for health insurance for you. Under COBRA, you would have a right, for a period of time to continue on your ex-husband's health insurance but you would have to pay the premium which is usually very expensive.
Answered on Nov 15th, 2012 at 3:21 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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A divorce court has no authority to compel and employer provided health insurer to provide an ex-spouse with health insurance, so there is nothing you can do to change the consequences of the legal separation being converted to dissolution. At best, you might be able to convince a judge to require your ex-spouse to pay some or all of the cost of a new health insurance plan for you, but you may need to retain an attorney for help in accomplishing that.
Answered on Nov 15th, 2012 at 3:20 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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His employer's health insurance policy probably prohibits him from covering you. Opinion only not legal advice.
Answered on Nov 14th, 2012 at 9:46 AM
You need to get your own health insurance. The insurance company will. Not insure an ex spouse.
Answered on Nov 14th, 2012 at 9:31 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Read the final judgment. You cannot now go back and change things.
Answered on Nov 14th, 2012 at 9:24 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Does the judgment state that you are granted health insurance benefits? If so the judgment will be sufficient for the company.
Answered on Nov 14th, 2012 at 9:24 AM
Family Law Attorney serving Eldersburg, MD
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Law Office of Leo J. Keenan III, P.A.
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Since the divorce was final in 2010, there is nothing you can do at this point regarding the health insurance coverage for you.
Answered on Nov 14th, 2012 at 9:23 AM