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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37683
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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If my husband and I divorce, will I remain on his health insurance

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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.

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.

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I wish you the best in 2013,


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