Can my ex-spouse’s employer drop my medical coverage if that is a legal provision of our divorce agreement?

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Can my ex-spouse’s employer drop my medical coverage if that is a legal provision of our divorce agreement?

My ex-spouses employer is claiming that by law, they do not have to keep me covered under their medical plan. However, my ex-spouse agreed to maintain my medical, dental and vision insurance after our divorce and I have the legal paperwork to back it up. Isn’t that valid to keep me insured?

Asked on September 29, 2011 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I have good news and bad news.  The good news is that your ex husband agreed to keep you insured by maintaining the same coverage (I hope that is the way it is worded in your divorce decree).  The bad news is that after a divorce, the spouse with the family health insurance coverage can no longer cover the other spouse. They are no longer “family” members who can take advantage of one health insurance policy. So his employer is correct: you can no longer be covered under his plan.  This is the case under every insurance plan in every state.  What you could possibly take advantage of  - or your ex that is - is COBRA for a limited time and a lot of money on his part.  But I would cal your attorney and discuss the matter ASAP.  Good luck.


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