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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101390
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I are divorcing but I want to keep my health

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My husband and I are divorcing but I want to keep my health insurance. His employer is out of MD. But resides in AZ. If in the divorce, he is mandated to provide me health insurance can the health plan remove me for its current policy? Would we be okay just having a legal separation for purposes of maintaining insurance? Background: We worked together running a business which we sold 2 years ago because we wanted to provide health insurance to our staff. We have been married 19 years. I just had a major surgery. So, I feel that I should benefit from health insurance for at least 5-8 years. That was the reason we sold the company. The new owners isolated me till I finally left. So, I did not reap any benefit of the sale of the business since it was solely own by my husband.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

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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Customer: replied 3 years ago.

And this is the same even if the employer is in MD?

Hello friend,

Yes, the answer stays the same, because the divorce is in AZ and AZ law applies (even though in MD, the answer would be 99% the same).

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
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