Medical Insurance After Divorce

You are prohibited from canceling, modifying, terminating, assigning or allowing to lapse for nonpayment of premiums, any insurance policy. If you cover your spouse or children on your insurance, do not drop them from the policy. You are probably responsible for their medical bills until then anyway. Even after the divorce, the employed spouse may want to keep the spouse and children covered. If you are paying child support, a large unexpected medical expense for the child could be assessed against the noncustodial parent as additional child support. The same could happen with alimony and an ex-spouse.

You may have the right to apply for health benefits through your former spouse’s current place of employment. Pursuant to COBRA legislation, nonemployee/spouses may be eligible after the divorce is final for certain insurance coverage at group rates. The insurance can continue up to 36 months, depending on your situation and the premiums should not exceed 105% of the current group rate. However, you must apply for this within 60 days of the date that the dissolution was final. Only if you file within that time period will you be eligible for COBRA coverage. Please check with your former spouse or through their employer immediately, as federal statutes and deadlines may change.

Reviews from People Who Have Been There

  • They always made time for me and made me feel like a priority.

    “Larry Rice and Erin O’Dea are excellent attorneys.”

    Nancy

  • He was totally objective and allowed me to diverge from the "normal or customary" lawyerly path.

    “He well advised me of the consequences of my decisions. ”

    Steve

  • Nick really does care about the best interest of his clients.

    “I have used Nick on multiple Family Law situations. He helped me during my divorce and child custody years ago and I could not ask for better. He knows the law and is excellent in the courtroom. Nick really does care about the best interest of his clients. I hired Nick a second time this year dealing with a child relocation case. Again he is a professional with family law. He will fight to the very end and not let anything slip through the cracks. He was able to get me everything I wanted and more. If you are in the unfortunate position to need a family lawyer do yourself a favor hire this man, there is no one else I would trust to handle child custody, relocation and divorce! Period!”

    Jonathan F.

  • Rice Law Firm believed in me enough that I am stronger today than ever!

    “I not only call them my Law Firm I now call them my FRIENDS!”

    Tina C.

  • Jessica Ferrante is quick and fierce in the courtroom.

    “Jessica Ferrante is quick and fierce in the courtroom. You definitely want her on your team. I recently hired her after a 3 year long child support case to get the job finally done. She not only got the case settled, but she won it by a landslide! I highly recommend her!”

    Abigail