Can someone still use their ex-spouse’s insurance after the divorce?

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Can someone still use their ex-spouse’s insurance after the divorce?

My daughter was divorced 2 months ago. Can she still use her ex-husband’s medical insurance for the next 4 months when it’s time for the add and drop?

Asked on July 21, 2011 Florida

Answers:

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

Answered 10 years ago | Contributor

No, she should not.  Here is why.  You can only carry or hold insurance on a person to which you are either tied legally - in a marriage - or by blood - your children.  The insurance company will dent her claims and then she will be left with the bill collectors coming after her.  And there is no law that says that you have to insure your spouse even if you are blissfully married.  Yes, there is the open enrollment period here you can add and drop people from your policy but insurance companies allow you to add and drop when certain life events take place such as a birth, death and in this case possibly even with this carier a divorce.  So he may already have alerted his carrier.  Good luck.


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