Is it still insured in my insurance when our divorce is over? Jennifer`s question: I`ve been a breast cancer survivor for 2 years and I feel trapped in a bad marriage. I want to leave, but I`m afraid it will cost me my life if I don`t have health insurance. I will soon be getting an associate degree and would like to look for a permanent job after graduation. I think my question is whether I have any legal rights in terms of health insurance coverage for a pre-existing condition? What happens if he does not pay half of the insurance costs as ordered? COBRA, also known as the Consolidated Omnibus Budget Reconciliation Act of 1985, is part of the Employee Retirement Income Security Act of 1971, commonly referred to as ERISA. The purpose of COBRA is to ensure the right to continuous health insurance coverage after the dissolution of marriage or legal separation for spouses without employees. Brette`s answer: Co-payments and deductibles are paid to individual physicians and not to the insurance company. This does not affect coverage. The adult who prepares them is responsible. It must be clear to the spouse who loses health insurance that there is no more coverage from the date of the final judgment. The person assumes full responsibility for all medical expenses incurred after the date of the final divorce decree. Brette`s response: You are not required to continue to insure your spouse unless you have been asked to do so by a court. If you stop, he could go to court and ask that it continue, and the judge should decide at that time if you are responsible for it.
What happens if I need insurance but can`t afford it? Lisa`s question: I want to divorce and I think it will be consensual. Will Cobra maintain the same cost of my medical premiums? Can my husband keep my children in his insurance if he wishes? Jenny`s question: My husband should pay half the premiums to his ex. Does he have to pay them (and how is it recorded) or does it go through the court system? Can he pay for the insurance directly? Do I have to insure it if we are legally separated? Would the courts require him to continue to insure my daughter? Question from Leslie: What recourse can my ex-husband`s health insurance company take if I had to stay on their plan after the divorce because of ignorance of the law? No. Once you have filed for divorce or legal separation, or have received an application and subpoena for divorce or legal separation, certain orders automatically come into effect that prevent you and your spouse or partner from taking certain steps. These orders are called automatic temporary restraining orders (ATRO) and can be found on the second page of the family law subpoena. They expressly prohibit you and your spouse or partner from changing your insurance coverage, including but not limited to cancelling existing health insurance benefits or terminating the other spouse or partner as the beneficiary of the insurance. You may still be eligible for your spouse`s or partner`s health insurance coverage. This is because a court can and generally includes conditions in a premature termination order.
The conditions almost always include ordering one of the spouses or partners to maintain existing or comparable health insurance coverage for the other party or partner or, if the insurance is not maintained or available, to cover medical expenses that would have been covered by the insurance. Fam. Code § 2337(c). Can I force my ex to take on health insurance obligations? What if the insurance company wants me to reimburse medical expenses for the 6 years I was accidentally insured? Melinda`s question: My ex asked for a change to put our kids on his health insurance instead of mine, even though they`ve been on mine for over a decade. Mine is a better plan with a lower deductible, and it pays 1/4 of my premiums. One of our children has special needs and many regular doctor`s appointments. Would a judge grant the change? Will court-ordered continuing insurance be provided by COBRA? If the employer for whom the spouse works with the insurance has at least 20 employees, the insurer is required by law to offer a plan known as COBRA to the spouse who loses coverage. This provides the same coverage to the ex-spouse, but it is usually a little more expensive and the spouse who receives COBRA has to pay for it. It can be used for a total of 36 months. At the end of this period, COBRA coverage expires and the ex-spouse must find other insurance coverage.
While not an ideal plan, it can be beneficial for ex-spouses who have pre-existing medical conditions and may not be eligible for coverage under other plans. Brette`s answer: The thing to understand about paying for health insurance is that the employer usually contributes something to the cost of the premium. For example, health insurance may charge $1,000 per month and the employer may pay $300 of that. As an employee, your family pays the remaining $700. When you switch to COBRA coverage, the employer will let you pay the rate they negotiated with the health insurance company, but you pay the employer part plus the employee part. So, in this example, you would have to pay the full $1000 yourself each month. .