health insurance after divorce?

Hello, just a few questions. massachusetts. I filed for divorce and it will be final in a week. My attorney put in the agreement that "husband will provide health insurance for the children, he will try to provide health insurance for the wife as long as he is able to and if his insurance company will not cover her she must be offered cobra and wife will be responsible for the cost". Well, this is the only issue I am worried about. He is on the family plan, Tufts, through Amtrak. Presently he doesn't have to pay, but they are in negotiations through the union. Now, the wording of this does not satisfy me. Friends are telling me that if it is court ordered that he needs to keep me on his plan ,then he has to. I left a message with my lawyer, he just hasn't got back to me yet.

Is it true what friends have said? Can I have my lawyer change this wording in our agreement and have it court ordered a week before the divorce is final? I am of course the childrens primary caretaker and if I got sick, who would raise them? I am worried because I am 45 and we all know the statistics of health problems between 40 and 60. I cannot afford cobra. Can this be changed, and why would a smart lawyer word this agreement in such a way??? I did everything on my own at the court and then hired a lawyer to do our agreement and go to court with me, it cost 4,000. But I was the one who got the CS through wage assignment, joint custody with myself being primary etc....

Is there some law that says the insurance companies can cover who they want to? X got a letter from Aetna yesterday saying he needs to provide our divorce decree and the kids birth certificates. We never told that company we were getting a divorce, although we told the lady who does all the billing, I just can't believe she called Aetna and told them of the situation, I would think it would be up to US!

Can an insurance company cancel you just like that? Isn't there a 30 day grace period? I haven't received anything from Tufts, does this mean I am cancelled as soon as the day of finalization for this divorce? I haven't even been notified and haven't received any decree. Does the court send you this or is it your lawyer? My X had no lawyer, he couldn't afford one. Well, today is Sunday, I cannot get any answers, but does anyone know anything about what I can do or should do?? Thank you so much......Wendy

Be careful

My husbands ex is supposed to carry health ins for their daughter, and in the divorce he agreed to contribute $25 a month. (She works for Raymond James and had full coverage). A week after the mediation, she quit to be a broker, and bought a catastrophy police that costs $38 a month. So, the kid has crappy insurance and he is responsible to pay for more than she is paying AND he is responsible for 1/2 of all Dr. bills includin counseling which the bitch is now threatening to take her to because she is a hypocondriac. The kid is only 9, so we will have many more years of this, all because we didn't word it properly. Good luck.

Friends are telling me that if it is court ordered that he needs to keep me on his plan ,then he has to. Your friends are wrong. It is a virtual certainty that your husband's employer's health plan only allows coverage for legal dependents and once the two of you are divorced, you no longer are a dependent. (It's possible "domestic partners" are also eligible for coverage but that has nothing to do with you.)

No judge is going to order that your ex-husband portray you as a legal dependent for health insurance purposes - it would be a fraud and violate the terms of the employer's Plan Document. When you are divorced, his employer will offer you continuation of the current health plan under federal COBRA reg's. That means you can continue the coverage for up to 36 months but someone must pay the full monthly premium - whether you or your ex.

Of course the person who handles the insurance billing reported to the insurance carrier that the two of you are divorced or about to be. She was obligated to do so.

Can an insurance company cancel you just like that? When a participant no longer is eligible, yes.

Isn't there a 30 day grace period? No. Your insurance will be cancelled either the date the divorce decree is issued or the end of that calendar month (it depends what the terms of the health plan are.)

I haven't received anything from Tufts, does this mean I am cancelled as soon as the day of finalization for this divorce? What it means is that you or your husband need to notify the employer or insurance carrier as soon as the decree is issued so that they send you the COBRA notification.

Wow! Thank you so much for all the information. Where I work, men are telling me they had to keep their X on the family plan because they were court ordered to until remarriage. Are they full of it? My job doesn't offer health insurance. I also worked for the same company the X does for 15 yrs, of course then, we had double insurance. Times change!

I never thought in this world that this would happen, I really thought they needed to inform me. Also my husband wants to know when the decree is coming, I said I'd call the court.I thought at least my attorney would tell me that no judge would order this, even my Doctor said that he believed I was getting the wrong information and that he thinks that my X should have to cover me.

Also, I have heard that cobra plans are terrible. I hope this isn't true. Thanks for the information, I had no idea on the law. Doesn't seem fair though since I have to take care of the beautiful children and It would be terrible if something happened now.......just to be independent of an irresponsible man?!

btw

My lawyer never did get back to me yet, even though I gave him my cellphone. Also, I have one more question. Who supercedes, the court or the insurance company? May be a stupid question, but why am I hearing all this constroversy? There is no way of modifying?

Well, guess I'll have to find a good company to work for,(I'm a bartender right now and in 3 days I do well) it was working out, I have 4000 am month in expenses minimum, I have a roomate to share the house... just don't want the kids to suffer with their activities.....Thanks

The court cannot dictate how his company's insurance plan works, almost all will not cover a divorced spouse. The court can stipulate that he has to cover you on his plan OR cover the premiums once you are only eligible for COBRA coverage. COBRA coverage is similar coverage (not always exact, depends on plan) as what the plan covers you for now, just no company input to premiums, individual (you or x husband) is totally responsible for cost (insurance+admin costs). Alot more money! You (or lawyer) do need to check wording on insurance coverage. It might be difficult to negotiate that he always carry health insurance for you, to include private purchase. And--if he drops payments or changes jobs, you are without coverage. You could take him to court for contempt if it was court-ordered, but where are you in the meantime? Try to get him responsible for COBRA premiums in initial agreement at least. But, long run--get your own insurance!! Even if you have to change jobs. My 2 cents--I'd even get insurance for the kids on my job when possible & have him liable for 1/2 cost of premiums down the road. It's safer to carry the coverage yourself & just having him owing premiums & copays then to count on him & be left w/o coverage. You're the one who has said he is irresponsible, how much do you want to count on him? Good luck!!

found a law through his company MASS

I found a law (with his help), not from the lawyer. It is a Mass law. It keeps the insurance companies in line.It basically says that if the spouse was already on the group health plan before the divorce that they have to still be eligible for this health plan until remarriage. It is a long law, too long to post, since health insurance for divorced spouses (usually Moms and children) is such a huge problem in society, the state has reformed the law with the help of DA Tom Reilly. Yes it talks about Cobra. It also says you can add a ryder. All I know is that I can stay on his insurance, it is a group plan paid for by his company of over 25,000 employees. I have to inform them within 60 days of final decree. This Mass law supercedes. It does matter if it a group plan though. its very complicated. If anyones interested just search out Mass divorce laws, your rights for health insurance. Hope it all works out!! Thanks for all your replies.......

You still need to plan on finding your own insurance. If anything happens with his employment (my company, after having a production office here since the 1940's, consolidated production into another city three hours away and many lost their jobs), a different employer will not be obligated to add you to his plan. I work especially FOR the insurance. even though I'm married, so that we have a back up, as his employer is less stable financially than mine. Employers no longer stay put-they are sold and consolidated, merged and closed down.

good point

Thank you for your reply, you have made some good points.Luckily he works for the railroad, Amtrak, I also worked there for 15 yrs. I'm in school again trying to further my education, yes at 45!!! I also work every weekend long shifts as a bartender, great money for the hours, my kids are my priority right now. So, you are right, I need to eventually find my own insurance. Even though his company is union, and stable as much as the transportaion industry can be, it is the Northeast corridor where he works, they make 75% of all the money for the railroad. The problem is, HE is not that stable, although he has been able to hold onto his job .....for now....who knows even how long the child support will be coming in?? Your right, everyone needs to be responsible for themselves, after all, I have 2 kids that are my LIFE. Thanks again, I just got really worried that I would be stuck without any insurance on the very day of the decree, but I guess it isn't true!! AND, my lawyer who i paid $5000 to, never answered my call, I just wanted an explanation on how this works, but...I had to find out for myself. Bye for now Wendy