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If my husband and I divorce, will I remain on his health insurance

policy. I have multiple sclerosis...
If my husband and I divorce, will I remain on his health insurance policy. I have multiple sclerosis and my medicine is nearly $5,000.00 per month. He was aware of my health problems when we married four years ago.
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3/2/2013
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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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

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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Thank you for your positive rating of my service, Melissa. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.
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LawTalk
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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
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Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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