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insurance and divorce

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michael_s_cott

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

texas, collin county

my soon to be ex wife is telling me that her lawyer said I will have to continue to pay for my wifes health insurance after the divorce. Is this true because my insurance and HR at work is telling me that that is illegal and if we are not married that she can not be on my insurance.

We have only been married for 9 months.

Of course my child will continue to be on my insurance. Thats a no brainer.
 


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Isis1

Senior Member
You can be ordered to cover your wife up until the divorce is final. But no family court can overrule a company's policy. What might be ordered is you may be required to provide an individual plan (such as cobra) for a very limited time. Given the length of the marriage, I doubt that.
 
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michael_s_cott

Member
response

oh ya i will def cover her up until the divorce is final. I was just curious about afterwords. I also offered to get her started on cobra. She has no job or insurance and I dont want her to be totally left with no insurance, that would suck.
 
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wrongsometimes

Member
michael_s_cott said:
oh ya i will def cover her up until the divorce is final. I was just curious about afterwords. I also offered to get her started on cobra. She has no job or insurance and I dont want her to be totally left with no insurance, that would suck.
Click to expand...
Did you see the married with children episode with joe flarrety as the dentist who was married for 6 mo. and got a divorce? Classic..
 
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michael_s_cott

Member
lol

I probably have at some point but i was really young and the only reason I watched it when I did was for Christina Applegate lol. That show is really funny though. Ed is awesome in Modern Family !
 
cbg

cbg

I'm a Northern Girl
Whether you have to pay for your wife's health insurance, and whether you can cover her on your plan at work, are two separate issues.

IF (and this will depend entirely on the way the divorce decree is worded) you are required to continue paying for her health insurance, you have to find a way to do so. If you can continue to cover her on your policy at work, great. If not, then you have to find another way to provide her coverage because you cannot be ordered to keep her on your employer's plan in violation of their policy. COBRA, in this case, will only last for 36 months. IF the decree only requires you to cover her for 36 months or less, then COBRA will work. IF you are required to cover her for longer than that, you will need to find an individual policy for her beyond the 36 months.

The order of coverage is binding on you, not on your employer's health insurance policy.
 
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mistoffolees

Senior Member
cbg said:
Whether you have to pay for your wife's health insurance, and whether you can cover her on your plan at work, are two separate issues.

IF (and this will depend entirely on the way the divorce decree is worded) you are required to continue paying for her health insurance, you have to find a way to do so. If you can continue to cover her on your policy at work, great. If not, then you have to find another way to provide her coverage because you cannot be ordered to keep her on your employer's plan in violation of their policy. COBRA, in this case, will only last for 36 months. IF the decree only requires you to cover her for 36 months or less, then COBRA will work. IF you are required to cover her for longer than that, you will need to find an individual policy for her beyond the 36 months.

The order of coverage is binding on you, not on your employer's health insurance policy.
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The only thing I'll add is that COBRA is usually a lousy deal. Unless there are major health issues, a private policy will probably be a lot less expensive.
 
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michael_s_cott

Member
response

ok thanks .. ya i have never had to use cobra I heard it blows ass.

she has major metal health issues. she is a diagnosed (spelling) schichophrenic/bi-polar/manic depressant, the medication without insurance is over $1000 a month... how could anyone afford that . .geesh ...I am lucy I have free insurance that has covered us from my company ...
 
LdiJ

LdiJ

Senior Member
michael_s_cott said:
ok thanks .. ya i have never had to use cobra I heard it blows ass.

she has major metal health issues. she is a diagnosed (spelling) schichophrenic/bi-polar/manic depressant, the medication without insurance is over $1000 a month... how could anyone afford that . .geesh ...I am lucy I have free insurance that has covered us from my company ...
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Then its looks like you will be stuck with Cobra, because of her pre-existing condition.
 
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ecmst12

Senior Member
Cobra is the same COVERAGE she has now, you just have to pay for it, usually expensive. But the coverage isn't any different, it actually can't be.
 
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