YOU ASK:

Can my ex-husband cover my health insurance after divorce?

WE ANSWER:

You can still keep your coverage through your ex-husband's COBRA insurance.

As for his employer-sponsored insurance, you will no longer be covered since you are not considered his dependent after the divorce.  However, you can both agree that he will continue to pay the premiums for the COBRA insurance. In this case, your coverage will change from a family plan to an individual plan. You or your ex-husband will need to pay for the employer's share of the premiums in this case.

If you are able to settle this amicably and agree as to who will be paying, then that would be the best thing. After all, if you have some measure of custody of the children, you will need to ensure that your healthcare needs are provided for. If your ex-husband amicably agrees to this, then you should remember to have it in writing.

But you must remember that COBRA is only temporary and you can only continue getting coverage through this for a limited period of time (up to 36 months, unless a qualifying event occurs before this and will cause coverage to be stopped).

Now, if your ex-husband refuses to continue providing for your coverage, you can bring this up in court and ask the judge to let the insurance continue as part of your divorce settlement. The judge will decide on the merits of your case. The point of the matter is that your ex-husband is not under legal obligation to maintain your health insurance after your divorce, unless a judge tells him to do so.

Another option is to get an individual health plan where you and your ex-husband agree as to which portion of the premiums will be paid by each one.

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