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After a divorce, some states allow a spouse to continue coverage on their ex-spouse’s health insurance plan, even if they are no longer married. Your right to receive health insurance through your partner’s plan is often based on your marital status. However, it is important to note that if you are no longer married, you may lose health insurance benefits and your legal status may change.
Continuing Coverage.
In Illinois, coverage for spousal eligibility continues to be provided. In Massachusetts, judges generally order that you must continue coverage in order to be eligible. However, a judge can order that your coverage continues even after remarriage. For example, in Massachusetts, group health plans provided by employers may deem a divorced individual eligible for coverage under their ex-spouse’s plan. The laws and regulations regarding whether an existing health insurance plan can continue to cover an ex-spouse after a final divorce vary depending on the state, with most states having state-specific regulations.
COBRA Coverage.
The terms of your divorce decree or settlement agreement should clearly indicate these conditions, but the court can order your ex-spouse to contribute a certain amount of money every month to your individual plan, or you can maintain your own plan. However, under COBRA, unless your settlement agreement or divorce decree provides otherwise, you must fully pay for the employer’s policy. In most cases, COBRA coverage for a divorced spouse lasts for a maximum of 36 months. If you no longer have an insured ex-spouse following the divorce, you can apply for COBRA coverage under the federally mandated program created by the Consolidated Omnibus Reconciliation Act. However, Pennsylvania and California, including New Jersey, do not provide continued coverage in these states.
Coverage Orders.
The agreement or divorce decree should include provisions to make them enforceable at a later date in your settlement agreement.
Child Insurance.
Your ex-spouse’s employer-sponsored group health insurance plan may continue to provide coverage for your children even after divorce, unless your divorce decree or settlement agreement states otherwise. The responsibility for your children’s health insurance coverage can be determined by referring to your settlement agreement or divorce decree.