Insurance During Divorce

We‘ve received many questions from current and prospective divorce clients regarding health insurance. Here are some of the most common questions asked by our divorce clients

– How Long Can I Stay On My Husband’s Insurance After Divorce?

– Can My Spouse Provides Health Insurance During Separation?

– Can My Ex-Wife Used My Insurance After Divorce?

– Can I Drop My Spouse From My Health Insurance If We Are Separated?

– Who Pays For Child Health Insurance After Divorce?

– Can I Stay On My Husbands Health Insurance After Divorce?

One And Foremost Important Question You Need To Consider Is “ Can I stay on my ex’s health insurance plan after we divorce?”

The Michigan laws regarding health insurance are straightforward, and the answer to this question can be summed up in a single word: “No.” Once divorced is granted by the family court in Michigan, you cannot stay on your ex’s health insurance – but your children can and probably should (although who will pay the premiums for them could be a topic of discussion).  To be more clear that During a divorce and before the judge chanted your divorce, you will still be covered under your spouse’s health insurance. Your spouse cannot remove you from their health insurance policy before divorce for a few reasons. After the divorce is final, you’ll have to look into other health insurance options since your spouse can no longer legally keep you on their policy.

Once the divorce is finalized, you (the non-employee spouse) can qualify for COBRA coverage, but remember: COBRA is one option. COBRA may allow you to temporarily keep your health insurance coverage following a divorce. COBRA is not forever  and lasts only up to 36 months.  If you’re divorcing, my advice would be to get your own health insurance as soon as possible, because if you develop a condition while on COBRA, a new insurance plan may look at that as a pre-existing condition and either not insure you or only do so with much higher premiums.

For more information about divorce and health insurance considerations, call our Detroit, Michigan divorce and family law attorneys.  Our divorce law firm open Monday –Friday from 9:00 Am to 5:00 PM.  You can call us at (248) 281-6299.

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