Can I be put on Former Spouse's health insurance policy?

[ConcernInMA]

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

Hi - Not sure if anyone can help. My ex and i have been divorced for two years. At the time of our divorce, we agreed that I would provide health insurance for my two children and myself, and he would provide health insurance for himself. I am the custodial parent. I was recently laid off, and my former employer agreed to pay for my health insurance (through COBRA) for two months. I have been on several interviews, and am hoping that I have a couple of job offers coming my way, but of course that is not certain at this time. My insurance is being paid through end of the month, and I hope to be working again within a month or two, tops. In the meantime, my ex-husband agreed to add the kids and me (since it doesn't cost extra to include me in the family plan) to his employer-sponsored group policy until I have access to health insurance again. But we are not sure that is possible, since we are no longer married. I know that before the divorce became final, as we were discussing the separation agreement, our lawyers indicated that whoever took on the health insurance plan could add the other parent even after post-divorce.

My question - Given that it is possible for a court to order it during divorce proceedings, is it possible to add a former spouse to a policy post-divorce? I cannot afford a self-purchased plan for myself (given that my only source of income is unemployment), and I don't qualify for a health care subsidy either. I am hoping to be able to provide for myself and the kids again once I am employed, but in the meantime, am nervous about being uninsured.

Would appreciate any advice, if possible. Thank you!

 

[stealth2]

All depends on his insurer and their policies - they are not bound by your orders and are not required to add you.

 

[cbg]

It will depend on whether or not former spouses are listed in their specific policy as being eligible dependents. But I wouldn't count on it. I am also in MA and I work in employer benefits. My employer is considerably more generous than most employers in the state, and we would not provide coverage for you. The children, yes; as long as he made the request and provided back up documentation within 30 days of the loss of coverage, we'd cover the kids. But our rule is that if a spouse is covered at the time of the divorce, we'll allow them to remain covered. But once you remove them, you can never, ever, ever put them back on.

So there is a very slight possibility that their policy may allow it, but it's quite unlikely.

 

[ConcernInMA]

Ok, that is what I suspected. My ex's employer said that unless court ordered, they wouldn't cover me. So that's that. Thanks for your responses.

 

[Just Blue]

Ok, that is what I suspected. My ex's employer said that unless court ordered, they wouldn't cover me. So that's that. Thanks for your responses.

But the children will be covered...I know you are glad for that.

 

[ConcernInMA]

Oh of course! 😀 I am most relieved that they will be covered. That was never a doubt. I just didn't know if I could be added since a spouse would be covered under a family plan. Had a sense that no, just wanted confirm.
Thanks!

 

[Just Blue]

Oh of course!  I am most relieved that they will be covered. That was never a doubt. I just didn't know if I could be added since a spouse would be covered under a family plan. Had a sense that no, just wanted confirm.
Thanks!

Best of luck to you on the job hunt...

Blue

 

[ajkroy]

It will depend on whether or not former spouses are listed in their specific policy as being eligible dependents. But I wouldn't count on it. I am also in MA and I work in employer benefits. My employer is considerably more generous than most employers in the state, and we would not provide coverage for you. The children, yes; as long as he made the request and provided back up documentation within 30 days of the loss of coverage, we'd cover the kids. But our rule is that if a spouse is covered at the time of the divorce, we'll allow them to remain covered. But once you remove them, you can never, ever, ever put them back on.

So there is a very slight possibility that their policy may allow it, but it's quite unlikely.

The former spouses could remarry. It wouldn't be the first time marriage occurred for the "benefits".

 

[cbg]

And if that happened, and if they provided us with a copy of the marriage license, we'd add the spouse back on. But we require documentation proving the relationship and we WILL cancel coverage if it's not provided. Marriage certs, registration of domestic partnerships with the city, birth certificates, orders of adoption or legal guardianship - doesn't matter. If you're going to claim a dependent with us, you're going to provide proof of the relationship.

 

[ConcernInMA]

Best of luck to you on the job hunt...

Blue

Thanks. I really hope something pans out soon. I'm getting nervous. Was hoping to already be employed by the end of this month and not have to worry about being uninsured.

 

[Pinkie39]

Thanks. I really hope something pans out soon. I'm getting nervous. Was hoping to already be employed by the end of this month and not have to worry about being uninsured.

Are you sure you don't qualify for Medicaid under the MAGI Medicaid expansion in your state? If not, most hospitals and clinics have charity care programs for the uninsured. If you are on any regular prescription medications, you might be able to get them filled for free or very cheaply through the drug manufacturer's special programs for the uninsured. Most major pharmaceutical companies have such programs.

 

[cbg]

The DUA will send you information about Mass Health. It's worth looking at.

 

[ConcernInMA]

I will look into it. Thanks!

 

[ConcernInMA]

Thank you all for your advice! I did qualify for Mass Health, so I am covered. AND I just accepted a job offer and am starting on Nov 3rd, so as of November, I can get us all back on my employer-sponsored insurance plan.

 

[cbg]

Glad to hear it!