Medical coverage after divorce?

[summerdawn]

What is the name of your state (only U.S. law)? Ca

Hi guys. My mom is not computer savvy and she has asked me to post something on here for her.

My mom and dad are going through a divorce. They have been married for 28 years now. If it makes any difference, my mom supported dad all through college, (and all inds of low paying jobs) and it kind of seems like now that his degree is paying off and he is more successful, he went out and cheated on her with another woman. I know that is an emotional statement, I don't know he did it for sure because he is successful now, all I know is that he cheated. He told me himself, and he introduced me and my sister to the woman. (He pretty much didn't bother hiding it in front of the family as a whole.)

My mom was wondering: in the state of California, would it be legal for a judge to order my dad to pay for her medical insurance after the divorce? My mom asked her mediator and the mediator said it is not legal for dad to keep her on his insurance afterwards, that she would have to get a job with coverage or apply for "cobra"(?). My mom wanted me to check here to see if she was given accurate legal information. My mom has a lot of health problems and just one of her monthly medications is 300 dollars per bottle without insurance. Last year mom was told she qualified for social security disability because of her ailments but they denied her because she was getting too much spousal support. If he can't keep her on his insurance, she will try just getting the medicaid portion. Apparently, the divorce is not final yet, and he already took her off the insurance as of the 1st of this year. He didn't notify her until today, when he found out she had adoctor's appointment this afternoon-now she doesn't know if she can go to her appointment. They are still legally married and she was under the impression he at least had to keep her on until the divorce was final...

Can she ask the judge to order that he continue to provide her with medical coverage? Would it be worth it? She doesn't want to ask if it is something that isn't granted. (waste of time.) Right now she is going through a mediator to avoid court dates, but she would take it to court if she felt that there was a chance that she could get medical insurance. She really needs it.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ca

Hi guys. My mom is not computer savvy and she has asked me to post something on here for her.

My mom and dad are going through a divorce. They have been married for 28 years now. If it makes any difference, my mom supported dad all through college, (and all inds of low paying jobs) and it kind of seems like now that his degree is paying off and he is more successful, he went out and cheated on her with another woman. I know that is an emotional statement, I don't know he did it for sure because he is successful now, all I know is that he cheated. He told me himself, and he introduced me and my sister to the woman. (He pretty much didn't bother hiding it in front of the family as a whole.)

My mom was wondering: in the state of California, would it be legal for a judge to order my dad to pay for her medical insurance after the divorce? My mom asked her mediator and the mediator said it is not legal for dad to keep her on his insurance afterwards, that she would have to get a job with coverage or apply for "cobra"(?). My mom wanted me to check here to see if she was given accurate legal information. My mom has a lot of health problems and just one of her monthly medications is 300 dollars per bottle without insurance. Last year mom was old she qualified for social security disability because of her ailments but they denied her because she was getting too much spousal support. If he can't keep her on his insurance, she will try just getting the medicaid portion. Apparently, the divorce is not final yet, and he already took her off the insurance as of the 1st of this year. He didn't notify her until today, when he found out she had adoctor's appointment this afternoon-now she doesn't know if she can go to her appointment. They are still legally married and she was under the impression he at least had to keep her on until the divorce was final...

Can she ask the judge to order that he continue to provide her with medical coverage? Would it be worth it? She doesn't want to ask if it is something that isn't granted. (waste of time.) Right now she is going through a mediator to avoid court dates, but she would take it to court if she felt that there was a chance that she could get medical insurance. She really needs it.

He can (and should) keep her on his insurance until the divorce. After the divorce, he can probably not have her on his policy.

She will need to obtain her own insurance (see below). Once she has her own insurance, the judge can easily order him to pay the expense either for a limited time or until she reaches 65 (and medicare kicks in).

There are a number of options for her own insurance:
1. COBRA. She will be eligible for coverage under his employer's policy via COBRA. However, COBRA is typically very expensive. Plus, if the employer changes plans (which is common), it could get confusing.
2. Join AARP (assuming she's over 50 if they've been married for 28 years). Their rates aren't bad, and their application process is pretty easy.
3. Contact a private insurer. I have health coverage through my auto insurance company and it's costing me less than 1/2 of what COBRA would have cost - with better coverage.

In any event, she needs to make sure to apply for her third party insurance BEFORE the existing insurance is canceled. If she goes from one insurance to another, the process isn't too difficult. If she becomes uninsured at any time, it can be hard to get new coverage - particularly if there are any pre-existing conditions.

So:
1. Make sure her husband knows that he can not legally cancel the insurance while the divorce is pending.
2. Apply for her own private coverage now (she can hold off on the start date if she wishes).
3. Ask the judge for an order on having him pay the insurance for a period after the divorce. Since you're in CA, alimony is quite liberal and the judge may, however, consider that the alimony is sufficient to cover her insurance cost.

 

[summerdawn]

He can (and should) keep her on his insurance until the divorce. After the divorce, he can probably not have her on his policy.

She will need to obtain her own insurance (see below). Once she has her own insurance, the judge can easily order him to pay the expense either for a limited time or until she reaches 65 (and medicare kicks in).

There are a number of options for her own insurance:
1. COBRA. She will be eligible for coverage under his employer's policy via COBRA. However, COBRA is typically very expensive. Plus, if the employer changes plans (which is common), it could get confusing.
2. Join AARP (assuming she's over 50 if they've been married for 28 years). Their rates aren't bad, and their application process is pretty easy.
3. Contact a private insurer. I have health coverage through my auto insurance company and it's costing me less than 1/2 of what COBRA would have cost - with better coverage.

In any event, she needs to make sure to apply for her third party insurance BEFORE the existing insurance is canceled. If she goes from one insurance to another, the process isn't too difficult. If she becomes uninsured at any time, it can be hard to get new coverage - particularly if there are any pre-existing conditions.

So:
1. Make sure her husband knows that he can not legally cancel the insurance while the divorce is pending.
2. Apply for her own private coverage now (she can hold off on the start date if she wishes).
3. Ask the judge for an order on having him pay the insurance for a period after the divorce. Since you're in CA, alimony is quite liberal and the judge may, however, consider that the alimony is sufficient to cover her insurance cost.

Thanks so much! I'll have my mom look into AARP and her car insurance place. Her big problem is that she hasn't ben employed in many years due to her health problems so I know she won't be able to go out and get a job for benefits-some days she can barely function.
Dad already took her off the insurance (I don't know why he took her off early) but he said he will talk to his human resources department at work to see if he can get her back on until the divorce is final. I honestly don't know if the judge will add anything else to the alimony-my dad actually agreed to pay 60% of his current income (with no raises in alimony when his income goes up, so hopefully he will be able to get back on his feet eventually) for alimony in mediation...he must be pretty relieved that his insurance will be going down considering he gives up over half his paycheck.
Of course, being their daughter, I know things are hard, it is hard for me to see him just drop the insurance when he knows without her heart medication her life can be in jeopardy. I know he doesn't owe her anything but after 28 years of marriage I don't understand how he can do it without any aparent concern for her health or giving her time to get a different insurance first.

 

[mistoffolees]

Thanks so much! I'll have my mom look into AARP and her car insurance place. Her big problem is that she hasn't ben employed in many years due to her health problems so I know she won't be able to go out and get a job for benefits-some days she can barely function.
Dad already took her off the insurance (I don't know why he took her off early) but he said he will talk to his human resources department at work to see if he can get her back on until the divorce is final. I honestly don't know if the judge will add anything else to the alimony-my dad actually agreed to pay 60% of his current income (with no raises in alimony when his income goes up, so hopefully he will be able to get back on his feet eventually) for alimony in mediation...he must be pretty relieved that his insurance will be going down considering he gives up over half his paycheck.
Of course, being their daughter, I know things are hard, it is hard for me to see him just drop the insurance when he knows without her heart medication her life can be in jeopardy. I know he doesn't owe her anything but after 28 years of marriage I don't understand how he can do it without any aparent concern for her health or giving her time to get a different insurance first.

If he's paying 60% of his income in alimony, then she can pay her own insurance.

He'd better hope that they can reinstate her medical insurance or he'll be in big trouble.

 

[summerdawn]

If he's paying 60% of his income in alimony, then she can pay her own insurance.

He'd better hope that they can reinstate her medical insurance or he'll be in big trouble.

Well, she was hoping she could negotiate to have him pay less, and include the insurance instead of keeping it at 60%

 

[LdiJ]

Thanks so much! I'll have my mom look into AARP and her car insurance place. Her big problem is that she hasn't ben employed in many years due to her health problems so I know she won't be able to go out and get a job for benefits-some days she can barely function.
Dad already took her off the insurance (I don't know why he took her off early) but he said he will talk to his human resources department at work to see if he can get her back on until the divorce is final. I honestly don't know if the judge will add anything else to the alimony-my dad actually agreed to pay 60% of his current income (with no raises in alimony when his income goes up, so hopefully he will be able to get back on his feet eventually) for alimony in mediation...he must be pretty relieved that his insurance will be going down considering he gives up over half his paycheck.
Of course, being their daughter, I know things are hard, it is hard for me to see him just drop the insurance when he knows without her heart medication her life can be in jeopardy. I know he doesn't owe her anything but after 28 years of marriage I don't understand how he can do it without any aparent concern for her health or giving her time to get a different insurance first.

Your dad was a total idiot for canceling her insurance prior to a divorce being final. Not only is that a huge no-no in a divorce situation, but CA is a community property state and that puts him on the hook for at least 1/2 of her medical bills.

I so do NOT get people who do something as stupid as cancelling their spouses medical insurance in ANY state. Its simply idiotic.

I am emphasizing this for the sake of other people that may read this thread.

DO NOT CANCEL ANY INSURANCE BEFORE A DIVORCE IS FINAL.

 

[summerdawn]

LOL, Ldij-I think this post uses just about the strongest wording I have ever seen you post! You must really think it was a dumb decision!

 

[IrishLady47]

Well, she was hoping she could negotiate to have him pay less, and include the insurance instead of keeping it at 60%

Think she's better off finding & paying for her insurance herself. He dropped her once w/o saying anything--does she really want to count on him? Must be very difficult after 28 years, but she should try to be as independent as possible. It's scary enough that she has to rely so much on the alimony since she is unable to work.