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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7066
Experience:  Experienced Family Law Attorney
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My soon to be ex-wife is disabled (age 45). She receives

Customer Question

My soon to be ex-wife is disabled (age 45). She receives SSDI and medicare benefits. She is also on my employer sponsored healthcare plan (secondary insurance). She is claiming that she will lose medicare benefits based on the alimony payments I am giving her and wants more money to get her own insurance after divorce. Is this true? If so, is there anyway I can negotiate paying that directly instead?
Submitted: 3 months ago.
Category: Family Law
Expert:  LegalGems replied 3 months ago.

One does not lose medical benefits until after the divorce decree is entered; that is a change in status which typically terminates eligibility. You can check with your employer's HR department to verify this as it varies by policy, but the standard tends to be that divorce terminates coverage.

One can request from the court an order stating that the supporting spouse is to pay the supported spouse's medical insurance directly (versus paying it to the supported spouse); but normally that is a part of alimony-ie alimony is supposed to be a sufficient amount to include health insurance coverage.

Customer: replied 3 months ago.
I am specifically referring to Medicare and not my policy through employment. We both know she will be terminated by that. She has her own policy through Medicare. It is in her name. Based on alimony I give her, will she lose Medicare?
Expert:  LegalGems replied 3 months ago.

Thank you;

Yes, alimony is considered for purposes of determining income eligibility:

One cannot pay the premium directly unless the court orders it, but it would still count as income.

Expert:  LegalGems replied 3 months ago.

Here are the income eligibility guidelines:

Expert:  LegalGems replied 3 months ago.

Checking in on the above; Thank you for Using Just Answer!

Customer: replied 3 months ago.
It really does not answer my question about Medicare which is a federal program. You gave me state links.
Expert:  LegalGems replied 3 months ago.

Yes, it is a federal program but the federal government has allowed the state to have some discretion as to what guidelines/eligibility they will use. There are federal guidelines that the states must comply with but each state has discretion as to certain parts of the program.

Here is a link to the federal income eligibility:

But I prefer linking to the state source since the state department is the one that determines eligibility.

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