Can I stay on my ex’s health insurance policy after we’re divorced?

No. Once you and your spouse are divorced you cannot remain on your ex’s health insurance plan. 

However your children can stay on the policy.  If you have a group or employer plan, you (the non-employee spouse) may qualify for short-term continuing health insurance coverage through COBRA. It is important to remember that COBRA is a temporary solution and only lasts up to 36 months and often has higher premiums, so be sure to plan accordingly and look for a new insurance as soon as possible.  

Maintaining health insurance coverage is a major concern for many divorcing couples, especially when one spouse is a homemaker and does not have an employer with an insurance plan to fall back on after the divorce. It is vital to plan ahead and be sure to include provisions for health insurance coverage and outline who has responsibility for paying the premiums in your separation agreement.  

Since most health insurance companies have specific requirements for how they must be notified of qualifying life events like divorce, it is important to review your policy information and consult with an experienced family law attorney who can help you if you have questions.

Please contact us today to discuss your questions regarding separation and divorce.

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