In a divorce,as of what date isone spouse no longer legally covered by the other spouse’sinsurance?

I’m getting a divorce. Currently, I am covered under my husband’s policy with his employer. What date exactly am I legally no longer covered? The date the divorce is officially granted by the court or when he decides to notify his employer of the divorce, at the next open enrollment period?

Asked on July 23, 2010 under Family Law, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no exact science per se to when you are no longer covered by your spouse's insurance because the divorce court could decree you be covered until certain events occur, including your own coverage through your own employer, through other events, and of course, the same would go for your minor children, even until the age of 18 or 25.  You should consider setting this matter as part of your decree so that you can maintain coverage for a longer period of time. You may be covered until such time as open enrollment otherwise, wherein you are no longer considered a dependent in the same household. 

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