Can I Keep My Ex’s Health Insurance?

One question that comes up after the separation process has started is the question regarding medical coverage after divorce. Can I stay on my ex’s healthcare for a period of time after the split? Unfortunately the simple answer is likely “no.”

“Divorce or legal separation of the covered employee”

The dependent (non-employed) spouse may be covered by the employed spouse’s medical insurance plan during the divorce process. However, after the divorce is final, the dependent spouse is no longer entitled to medical coverage through the employer’s plan. The non-covered ex-spouse will likely be entitled to coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) of 1986 – FAQ’s regarding COBRA. There are various stipulations here (company size among them: “Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA“), but it will likely allow most ex-spouses to remain covered for up to 36 months.

For questions regarding Divorce, Alimony Enforcement, Alimony Modification, or other family law matters, please call us at (904) 359-9060 for a free initial consultation or contact us online to schedule an appointment.