Can spouse continue on insurance after divorce?

[da1qt2nv]

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

 

[Isis1]

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

they would no longer be a spouse after the divorce. employer covered insurance usually does not cover legal strangers in their policies.

 

[TinkerBelleLuvr]

Insurance could be provided thru COBRA.

 

[nextwife]

Insurance could be provided thru COBRA.

Which is RIDICULOUSLY expensive, in most cases, and really not a long term solution. I was laid off three years back, and discarded the notion of using COBRA as financially impractical. A better solution is to obtain a private or group policy coverage. Sometimes trade organizations, fraternal and religious organizations will offer group plans to members. A membership fee can sometimes gain one access to group plan options.

 

[cbg]

I really have to follow this forum more often.

Okay, guys. One more time. And remember, this is what I do for a living. I am not talking out of my hat. Not to mention the fact that my husband was quite legally covered on his ex-wife's plan for eighteen years until he and I were married.

MANY group health insurance plans will continue to cover a divorced spouse on the plan without resorting to COBRA. I have administered employer sponsored group plans for thirty years this month and I have NEVER seen a plan that will not provide coverage at least initially. I agree that a divorced spouse and a current spouse cannot BOTH be covered; it would have to be one or the other most times (although I have even seen exceptions there, where the divorced spouse would be set up on their own account). However, employers and insurance carriers are very well aware that often one spouse is required by court order to cover the other spouse after a divorce, and make provisions to allow it under the plan.

 

[LdiJ]

I really have to follow this forum more often.

Okay, guys. One more time. And remember, this is what I do for a living. I am not talking out of my hat. Not to mention the fact that my husband was quite legally covered on his ex-wife's plan for eighteen years until he and I were married.

MANY group health insurance plans will continue to cover a divorced spouse on the plan without resorting to COBRA. I have administered employer sponsored group plans for thirty years this month and I have NEVER seen a plan that will not provide coverage at least initially. I agree that a divorced spouse and a current spouse cannot BOTH be covered; it would have to be one or the other most times (although I have even seen exceptions there, where the divorced spouse would be set up on their own account). However, employers and insurance carriers are very well aware that often one spouse is required by court order to cover the other spouse after a divorce, and make provisions to allow it under the plan.

That may be the case in your state, but its definitely not the case in mine. In mine the employers have a say and I don't know of any that will allow an ex spouse to be covered unless they are paying for Cobra coverage.

 

[cbg]

It's not up to the employer. It's up to the plan document. And that is Federal law, btw.

 

[TinkerBelleLuvr]

Which is RIDICULOUSLY expensive, in most cases, and really not a long term solution. I was laid off three years back, and discarded the notion of using COBRA as financially impractical. A better solution is to obtain a private or group policy coverage. Sometimes trade organizations, fraternal and religious organizations will offer group plans to members. A membership fee can sometimes gain one access to group plan options.

Depending on pre-existing illnesses or conditions, it may be an only option. Our plan costs singles $416/ month. Depending on a person's health, it may be cheaper than buying an individual plan.

 

[Ronin]

...MANY group health insurance plans will continue to cover a divorced spouse on the plan without resorting to COBRA. I have administered employer sponsored group plans for thirty years this month and I have NEVER seen a plan that will not provide coverage at least initially. I agree that a divorced spouse and a current spouse cannot BOTH be covered; it would have to be one or the other most times (although I have even seen exceptions there, where the divorced spouse would be set up on their own account).

I concur with cbg. In many cases it is entirely possible to keep an ex-spouse on one's plan. I work for a large corporation and I could have easily kept my ex on my plan had I chosen to do so. Seems like many large group plans are pretty open ended on such matters and leave room to do so with no suggestions of dire consequences for doing so. Many plans will simply default to the prior year elections if one does not go in and change it.

If a participant were to update their health plan to indicate they were no longer married (or if they got remarried), that may trigger a denial of coverage on the ex as a no longer qualifying dependent. So from my experience there seems to be a bit of a backdoor way of maintaining coverage on the ex, in a don't ask don't tell sort of way. In such cases it could effectively cost as little as an extra $100 per month to cover an ex-spouse with full medical and dental benefits.

However, employers and insurance carriers are very well aware that often one spouse is required by court order to cover the other spouse after a divorce, and make provisions to allow it under the plan.

However, while some group plans may have provisions (and I do not know that this is true) to allow a plan participant who was court ordered to provide health insurance to an ex-spouse, the plans are certainly not required to do so.

 

[cbg]

I didn't say they were. In fact, I have said on a number of occasions that court orders are binding on the employee, not the employer.

But as I said, in 30 years of administering group plans (in many more states than one, btw) I have yet to see a plan that did not have some provision to cover an ex-spouse. I know that is true, even if you do not. As I said, this is what I do for a living.

 

[Ronin]

I have yet to see a plan that did not have some provision to cover an ex-spouse.

My company's plan does not have provisions to continue coverage for an ex-spouse beyond the end of the year in which the divorce is final. At least not in any sense of continuing coverage at the same cost and levels as if they were still married.

 

[cbg]

At least not in any sense of continuing coverage at the same cost and levels as if they were still married.

Which indicates that there IS some level of coverage available.

My point, however, is that to tell a poster flatly that no, no coverage will be available, is simply not accurate.

 

[Ronin]

My point, however, is that to tell a poster flatly that no, no coverage will be available, is simply not accurate.

And that is absolutely correct. It was not my intention to side-track your point...