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What is going to happen with my health insurance after divorce?
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Question: My husband has recently filed for divorce and I have no income or healthcare coverage since I am a stay-at-home mother. He currently has coverage through his employer and I was wondering if I would still be covered under this plan?
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Answer: After a divorce, the spouse with the family health insurance coverage can no longer cover the other dependent spouse since they are no longer “family” members. However, you can purchase up to 36 months of COBRA coverage. The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federally mandated law that was designed to protect employees and their families from losing health coverage as a result of divorce, death, and job loss. You would have the pay the monthly premium, which can be quite expensive. If you do not enroll in COBRA within the 60-day limit, you will lose your COBRA benefit.
A second option is to ask for coverage as part of the divorce settlement. You can request that your husband pay all or a portion of your medical, dental and vision coverage. Your last choice may be to purchase an individual health plan.
An experienced family law attorney can assist you in obtaining the settlement that you are entitled to.
Additional Resources:
U.S. Dept. of Labor COBRA Coverage
Family Law Attorneys Answered by Linda Adams
Posted by Linda Adams on 25 May 2010
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