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I am sorry for your situation.If in the divorce, he is mandated to provide me health insurance can the health plan remove me for its current policy?
If this is agreed between the two of you, then yes. If this is not agreed, then the Court is unlikely to make
him keep you on his policy, but:
(1) you can still be on the policy at a discounted rate under COBRA, although for a limited time. You have the same benefits under COBRA as you had under your prior Arizona group health insurance. The COBRA coverage lasts for 18, 29, or 36 months, depending on certain nuances; and
2) You may receive alimony
from him to pay for the cost of COBRA and later on, for any other insurance, if you can demonstrate that this is necessary. If in the divorce, he is mandated to provide me health insurance can the health plan remove me for its current policy?
Please understand that there is no law that disallows an insurance to carry someone who is legally separated or divorced. However, most insurances would drop you if you are divorced (aside from COBRA). However, if legally separated, it normally continues, unless there is a specific clause in the insurance that cancels the policy for you if you are legally separated (unlikely).Would we be okay just having a legal separation for purposes of maintaining insurance?
If he is in agreement, then the insurance is likely to still provide coverage since you are still married and you would be his spouse,
The legal separation can go indefinitely.
I hope this helps and clarifies. Good luck.
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