Family Law Questions? Ask a Family Lawyer Online.
Good afternoon Melissa,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.Whether you will remain on his policy or not is not only up to the court, but up to his insurance company as well. Most health polices specially state that in the event of a divorce the ex is not allowed to remain on the policy. However, if you are not allowed to stay on, you will have the ability to have the EXACT same coverage by applying for the COBRA policy as soon as you are taken off the primary policy. The COBRA policy is good for 36 months, and you could ask the judge to order that you husband pay your health insurance premiums as part of the divorce.If the insurance company does not have a rule that you cannot be on the policy after a divorce---very rare---then you can ask the court to order your husband to keep you on the policy.Either way, you will have guaranteed access to the same coverage for at least 3 years after the divorce.You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer. Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.I wish you the best in 2013,Doug
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