 | | 
01-11-2008, 08:55 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 17
| | | Health care What is the name of your state? Texas
Currently we have crappy insurance with NASE (National Association for the Self Employed). It's basically there simply for emergencies only. My wife is looking to be employed soon in a job that figures to have excellent benefits. We'll definitely move the kids over to that plan. I will likely move over to that plan as well.
However, once my divorce is final, how long can I stay on her insurance plan? | 
01-11-2008, 10:19 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by aspect What is the name of your state? Texas
Currently we have crappy insurance with NASE (National Association for the Self Employed). It's basically there simply for emergencies only. My wife is looking to be employed soon in a job that figures to have excellent benefits. We'll definitely move the kids over to that plan. I will likely move over to that plan as well.
However, once my divorce is final, how long can I stay on her insurance plan? | Once your divorce is final, her insurance company will not allow you to be on the policy.
You will need to agree or have the court order her to buy separate insurance for you. | 
01-11-2008, 11:03 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 17
| | | Is it immediate, or is there a grace period? | 
01-11-2008, 11:07 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by aspect Is it immediate, or is there a grace period? | Contact her future health insurance company and ask for their policy. | 
01-11-2008, 11:37 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by aspect Is it immediate, or is there a grace period? | [url]http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html[/url] | 
01-11-2008, 10:05 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,453
| | Quote:
Originally Posted by aspect Is it immediate, or is there a grace period? | There is a kind of grace period. Its called a COBRA. It lasts normally for 18 months. However its also normally EXTREMELY expensive.
Basically, the way a COBRA works is that a divorced spouse can continue to recieve medical coverage for 18 months, under their ex's employer's insurance. However the divorced spouse must pay the full cost of the insurance, including whatever share the employer normally picks up. Its normally QUITE expensive.
Realistically, your "crappy" insurance under the NASE, may actually be a better deal....or you could go to a high deductible medical insurance policy and open an HSA, which has tax benefits, and end up ahead financially.
Do some research based on your situation. If you are healthy, then a high deductible policy combined with an HSA may be the better way for you to go.
Health insurance that covers most of everything and has low copayments is great. However if the cost of that insurance is WAY more than you would ever pay if you had to pay for you medical issues out of pocket, then its not necessarily a good deal. Yes, you need coverage for the dramatic and unexpected, but you also have to take into consideration what you could reasonably cover yourself over a year if you had to vs the cost of insurance.
__________________ in vino veritas | 
01-12-2008, 09:49 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by LdiJ There is a kind of grace period. Its called a COBRA. It lasts normally for 18 months. However its also normally EXTREMELY expensive.
Basically, the way a COBRA works is that a divorced spouse can continue to recieve medical coverage for 18 months, under their ex's employer's insurance. However the divorced spouse must pay the full cost of the insurance, including whatever share the employer normally picks up. Its normally QUITE expensive.
Realistically, your "crappy" insurance under the NASE, may actually be a better deal....or you could go to a high deductible medical insurance policy and open an HSA, which has tax benefits, and end up ahead financially.
Do some research based on your situation. If you are healthy, then a high deductible policy combined with an HSA may be the better way for you to go.
Health insurance that covers most of everything and has low copayments is great. However if the cost of that insurance is WAY more than you would ever pay if you had to pay for you medical issues out of pocket, then its not necessarily a good deal. Yes, you need coverage for the dramatic and unexpected, but you also have to take into consideration what you could reasonably cover yourself over a year if you had to vs the cost of insurance. | Going the COBRA route with the ex-wife agreeing or ordered by the court to pay the additional cost would be best for OP, and for THREE years, not 18 months. | 
01-12-2008, 09:55 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,453
| | Quote:
Originally Posted by Bali Hai Going the COBRA route with the ex-wife agreeing or ordered by the court to pay the additional cost would be best for OP, and for THREE years, not 18 months. | Good lord Bali, you know that's not going to happen so why did you even mention it?
Bali, do you realize that it is a direct violation of the TOS here to give posters deliberately inaccurate advice? His stbx will not be ordered to provide his medical insurance. No facts have been given here to indicate in any way that this would be one of those very rare instances where a judge might order someone to provide health insurance for an ex. Therefore you deliberately gave him inaccurate advice. Please stop doing that.
__________________ in vino veritas
Last edited by LdiJ; 01-12-2008 at 09:58 AM.
| 
01-12-2008, 10:10 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by LdiJ Good lord Bali, you know that's not going to happen so why did you even mention it?
Bali, do you realize that it is a direct violation of the TOS here to give posters deliberately inaccurate advice? His stbx will not be ordered to provide his medical insurance. No facts have been given here to indicate in any way that this would be one of those very rare instances where a judge might order someone to provide health insurance for an ex. Therefore you deliberately gave him inaccurate advice. Please stop doing that. | Excuse me LdiJ, but you are not the judge and as you have stated, no facts HERE were stated whether this would be a real possibility or not.
I gave very accurate advice for OP to consider and in no way indicated that this would or would not be an order that the judge would make.
If judges NEVER ordered this type of action as precribed by law, then I would agree that my advice to look into and possibly pursue this course of action would be as you have indicated, inaccurate. | 
01-12-2008, 10:29 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,453
| | Quote:
Originally Posted by Bali Hai Excuse me LdiJ, but you are not the judge and as you have stated, no facts HERE were stated whether this would be a real possibility or not.
I gave very accurate advice for OP to consider and in no way indicated that this would or would not be an order that the judge would make.
If judges NEVER ordered this type of action as precribed by law, then I would agree that my advice to look into and possibly pursue this course of action would be as you have indicated, inaccurate. | You did not state that he should look into that possibility. If you had stated that, I wouldn't have said anything. You told him it as if it was a fact, rather than a remote possibility that he could look into. 
__________________ in vino veritas | 
01-12-2008, 10:36 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by LdiJ You did not state that he should look into that possibility. If you had stated that, I wouldn't have said anything. You told him it as if it was a fact, rather than a remote possibility that he could look into.  | You have my sincere apology. | 
01-14-2008, 10:11 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 17
| | | No need to apologize. I knew that a judge wouldn't order her to pay for my insurance. If anything, he might order me to pay hers. :/ | 
01-14-2008, 10:53 AM
| | Member | | Join Date: Mar 2007 Location: About 30 mi SE of Hell
Posts: 450
| | Quote:
Originally Posted by Bali Hai Going the COBRA route with the ex-wife agreeing or ordered by the court to pay the additional cost would be best for OP, and for THREE years, not 18 months. |
COBRA has an absolute maximum of 18 months, by law.
__________________
I am not an attorney, I do not play one on TV, and I did not stay at a Holiday Inn Express last night. As such, take anything I say with an appropriate amount of salt, and consult an attorney licensed in your state for actual legal advice.
| 
01-14-2008, 12:48 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by Golfball COBRA has an absolute maximum of 18 months, by law. | Is a divorced spouse entitled to COBRA coverage from their former spouses’ group health plan?
Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee’s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.
Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA. | 
01-14-2008, 12:55 PM
| | Member | | Join Date: Mar 2007 Location: About 30 mi SE of Hell
Posts: 450
| | Quote:
Originally Posted by Bali Hai Is a divorced spouse entitled to COBRA coverage from their former spouses’ group health plan?
Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee’s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.
Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA. | Well, I'll be damned. It's 18 months for termination of employment, IIRC, thought it was the same for all of 'em.
__________________
I am not an attorney, I do not play one on TV, and I did not stay at a Holiday Inn Express last night. As such, take anything I say with an appropriate amount of salt, and consult an attorney licensed in your state for actual legal advice.
| |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread | Linear Mode | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | |
All times are GMT -5. The time now is 04:23 AM.