Does federal law override a divorce decree as it relates to dependent healthcare insurance?

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Does federal law override a divorce decree as it relates to dependent healthcare insurance?

My divorce decree from 8 years ago states that my ex-husband will carry our daughter on his insurance until age 23, as long as she’s a full time student. This was written in accordance with the Federal law at that time. The new healthcare reform states that a child can be carried on parental insurance until age 26, whether or not a full time student. Does the new federal law override the divorce decree or will that decree stand?

Asked on April 11, 2012 under Family Law, Michigan

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

It does and it doesn't.  You can't force your ex-husband to provide insurance.  However, if he chooses to cover your daughter, then the insurance company must cover her.  Your daughter should discuss this with her father.


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