When does the health insurance coverage drop after your divorce is final?

Question

Hi! My divorce decree was signed by the judge today. I have health insurance through my now ex-husband. Am I now, as of today no longer covered under his health insurance? OR is there a period of time you are covered for briefly after divorce, like a 30 day buffer of some kind?

I am in Michigan if that makes any difference.

Thanks!!

Answer 1

I experienced this exact same thing just last September. I hope things are going okay for you.

My coverage ended the 1st of the following month.

My mother worked in Benefits for General Motors for may years and advised me that it is the employees duty to advise the benefits department to drop or remove you from coverage under his policy through work.

However, it may be stated in the divorce decree. Also, the laws in your specific state may require coverage for a certain period of time to remain in place.

I would suggest comparing plans online and remember to consider the limits of coverage, coverages offered, co-pay requirements, deductibles and any exclusions for pre-existing conditions. You don't want to get stuck paying for something you thought would be covered.

I highly recommend two of the best quote providers offering quotes for health insurance online:

1) InsureMe - They offer the five best quotes from top-rated health insurers. To request a quote go to - http://www.insureme.com/landing.aspx?Refby=613598&Type=health

2) eHealthinsurance.com - They have a large network of health insurers and offer easy side-by-side comparisons of plans and rates for individuals and families.

I hope that helps! Take care and best of luck with your health insurance policy, and your new life as a single woman.

Answer 2

Although your divorce consent agreement may speak to this subject, particularly if you and your ex have children, it could be silent on the issue. Some of the answers given here imply a divorce concent agreement, in an of itself, can continue or cancel coverage. This is not true -- only the insurance policy itself controls issues regarding cancellation, continuation of coverage and eligibility.

The consent agreement is not the instrument that gives you the right to continue your coverage; powerful federal and state laws do that for you, in conjunction with the mandated language in the policy regarding these issues. COBRA/Continuation Coverage is NOT automatic -- you must elect to continue your coverage IN WRITING.

If your ex is employed by an employer of more than 20 people, you should qualify for COBRA. Here's a Fact Sheet published by the U.S.D.O.L. regarding COBRA rights: http://www.dol.gov/ebsa/newsroom/fscobra.html

Michigan probably also has "continuation of coverage" laws, too; most states do. Consider calling your state's insurance commission, or going to its web site, for more information. Please note, if your ex is employed by an employer based outside MI, the policy will most likely be subject to the insurance laws of that state, no matter where you live. In that event, call that state's insurance commissioner's office.

You should also read the COBRA/Continuation Coverage section of your Certificate of Insurance for more details. The Certificate will tell you how long your insurance will run before it's cancelled. As I mentioned above, if you wish to continue your coverage, COBRA /Continuation laws requires you to elect this in writing and pay 100% of your share of the premium (plus a processing fee, if applicable).

One final note: although COBRA requires your ex's employer to send you an election form, most employers send it to the address of record for the employee. If he's changed his address, or if you moved out of the house, your ex may not give you this form. You should call the Human Resources or Benefits office at your ex's work ASAP to give them your correct address. Better yet, if you want the coverage, offer to drive there, fill out the form and give them the check yourself.

I hope this helps.

Answer 3

It depends on your coverage and the laws of Insurence in your state.

I know there here in Illinois, coverage can be dropped the same day as the decree is signed or at the end of the same month depending on the policy.

Answer 4

depends on the divorce decree. Your atty should have negotiated that for you! Its not too late, call him tomorrow and ask, otherwise the health insurance company has to give you the option of continuing the coverage.

Answer 5

I would think your coverage would drop immediately or within 30 days - I am ceretain neither your ex husband nor his company wants to pay for coverage for you. I do not think cobra covers divorced spouses, since you are no longer a family member, and you never worked for the company.

Answer 6

Unless you have something in writing that you are covered until XX day, then assume you have no insurance. There are companies which offer short term policies (up to 180 days). You might want to obtain your own policy until you can arrange for something else (from your employer?).

Answer 7

That's specified in the divorce decree.