My friend is seeking divorce, but has covered his wife’s health for 20 years. She has been told she is virtually uninsurable. What are his legal obligations to her for coverage?

 

  • Tabo 1:07 pm on March 14, 2010

    Gotta love America and the "unisurable".

    Anyways, I know the wife should be eligable for COBRA benefits once she is removed from the insurance. She will have the option of paying for those benefits monthly until she is able to find new insurance…or until it expires.

    Not sure if he will be required to pay any of those benefits. I don’t think he would be…only way would be alomony and then she could use that money for benefits.

    You should consult a lawyer to be sure.

    Good luck!

  • Meguel 1:07 pm on March 14, 2010

    none

  • frantadelous 1:07 pm on March 14, 2010

    It depends. Her attorney will certainly have a stipulation in the divorce decree that the husband continue covering health insurance. If he has done it for that long, she MAY be entitled to have him continue doing so. Remember, a fair deal in divorce decrees is so that the wife continues living the life to which she was accustomed…Unfortunately, lol.

  • mamamoon 1:07 pm on March 14, 2010

    That depends. My sister’s ex had to carry her on his policy for quite some time. This is something that he needs to work out with both lawyers and his soon to be ex.

  • editor@bcdisabilities.com 1:07 pm on March 14, 2010

    The decent thing would be to continue providing her coverage but on new terms. Maybe she’d be willing to give up her share of certain assets of the marriage in return for coverage.

  • herfinator 1:07 pm on March 14, 2010

    May vary from state to state, but last I heard was that he has to carry her for 6 months on the same plan, and it shouldn’t be COBRA, either . . . same premiums.

    That’s as far as I know.

  • Piece017 1:07 pm on March 14, 2010

    I know she can still get cobra through his health insurance for up to 24 months!! I don’t know if he will have to legally insure her actually I don’t think he can if they are not married!! I do know that she on her own will have the option to continue to be covered through his insurance but pay out of pocket! It is like the same if you quit or loose your job but then it is only 18months you can continue to have insurance. Hope this helps….oh and it may be added into alimony $$$ for her to have her own insurance! Hopefully the government will have something in place for her to get before the 24 months are up ;-)

  • Jojo 1:07 pm on March 14, 2010

    thanks