Divorce and Benefits Question

Updated on May 31, 2012
S.R. asks from Des Plaines, IL
15 answers

Is it possible to get divorce and continue to be under spouse's medical insurance?

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answers from Pittsburgh on

O. of my mom's buds is going thru a divorce right now. O. of the first things her husband did was to take her OFF of his healthcare. She's going to have to pick up her own. He will continue to cover their daughter.

O. of my husband's friends' wives is leaving him. Since his kids are staying on HIS coverage...he's CHOOSING to keep her on his policy until the divorce is final--because he's a nice guy.

Just another example of just how wrong employer-based healthcare can be--in SO many situations.

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answers from Boston on

I have to disagree with Jo. I have many, many, many friends and relatives whose insurance still carried over to an ex spouse after divorce. In these cases, it was written in the decrees that the spouse who had insurance through work had to continue to insure the spouse until the spouse got affordable insurance through his or her own employer or either spouse got re-married. My company acts as a third-party administrator between employers and insurance companies and we have many plan participants who are ex-spouses covered under court order. Perhaps it's a state-by-state thing, but I see it all the time here.

ETA: Here is a link to spousal continuation of coverage in your state. It looks like you are covered for 2 years but have to pay the full premium yourself. They may or may not be less expensive than purchasing your own individual plan.


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answers from Eugene on

Our insurance company did not allow me to be covered with my ex after the divorce was final. However, I was able to get individual coverage with the same company without having to be re-evaluated. That was good for me because I'd had some health issues and probably would not have been able to get new insurance coverage.

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answers from Washington DC on

It is POSSIBLE, but not likely. If the spouse is required to pay alimony, it's slightly more likely. Even IF one spouse is required to cover the other, it is difficult to dictate the TERMS of that insurance, so you'd be better off having the cost included in alimony and choosing for yourself.

The laws are different in different states, so you should consult an attorney in your area. It is frequently REQUIRED for all insurance to remain as is until the divorce is FINAL.

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answers from Dallas on

depends on your state law and if your spouse agrees probably

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answers from Oklahoma City on

Yes. The judge must order it BUT you can be stuck with the worse option possible. I have a friend who has been divorced for several years and he is required to carry her the rest of her life. They divorced in California.

She used to have a $20 co-pay. He adjusted his insurance plan to the least expensive one and she has to pay a $500 deductible now, per year. So if she goes to the doc she has to pay the first $500 out of her own pocket. If she needs surgery or something I guess this is good to have but she is pretty healthy and when she is sick she just has to go to the ER and make small payments.

My friend that is getting divorce here in Oklahoma has it written in the temporary orders and her attorney has it in the final papers too. They just don't know when they'll be going back to court. So I know if is done in a variety of states.

It is often best to make your own choices and be able to provide for yourself instead of being at the mercy of someone who doesn't like you anymore...lol.

Perhaps you can get insurance through your employer that would be your own choice.

If you do pursue having him carry you then it needs to read to what extent his insurance must cover you, no less than he has been carrying on you.

My grandkids have insurance by their fathers and then they get a state card for medical care too. The state pays their bills then sends statements to their insurance companies for reimbursement. I have nothing to do with it and am glad. I just know the kids are covered in all cases.

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answers from Albany on

Yes, if the employer allows it. For example, my ex's company is willing to cover ex spouses if ordered by the courts. I don't know if companies HAVE to if it's in a divorce decree.

This is a question for your lawyer. Every situation is different. But yes it IS possible, depends on a thousand different variables.

(And my guy will be providing employer health insurance for his ex for the rest of her life. How's THAT for irony?!)


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answers from Chicago on

You can request that your soon to be ex spouse pay for your insurance. My brother got completely screwed over by his ex-wife and has to pay her health insurance. I say he got screwed over because she cheated on him and moved in with the new guy and STILL as part of their divorce, he has to pay for her insurance.

So yeah, you could totally have your ex pay for your insurance.

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answers from Chicago on

First most employers only cover spouses and children. If you are going after alimony an agreement that you be covered by the ex can be made. However many judges now lower The alimony award if insurance is requested to be covered by the ex. I also would nevet trust an ex to maintain either my insurance or rely on the fact that they won't screw up their financial situation just to get back at their ex. I as a newly single person would either get a job with full benefits or if my ability to earn a living wage was in question, I would return to school and while in school use the student health insurance. Also state laws may differ state to state.

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answers from Atlanta on

I have a friend whose parents got divorced and her dad has to pay for her mother's health insurance for life.

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answers from Lansing on

Depending on the circumstances the judge can order the spouse to carry the other for 30 days or so. It varies, but you may be able to get state benefits, at least for the kids...



answers from Phoenix on

For the kids? Yes. For the ex-spouse? Highly doubtful, because you are no longer legally considered a family member.



answers from San Francisco on

If you are not employed, the court may order that you be maintained on your spouse's medical insurance for a limited amount of time. It will not be indefinite.


answers from St. Louis on

As a general rule, no. If it is employer sponsored insurance definitely not.

Guys there is a huge difference between being on their policy and the ex paying for your policy.

JB, you live in Mass, nothing like the rest of the country.



answers from Houston on

No. They may have to provide it for the children but not the spouse.

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