We have been separated for about 7 months now, but nothing is legal. I would like to file for divorce, but I've been reluctant to because of the health insurance. If we divorce, there would be no way I could afford health insurance because of a medical condition. If we were to agree that I would pay him monthly for my part of the health insurance through his work, would I still be able to use his insurance? If not because of the divorce, could I still be covered if we had a legal separation?
This is a family law question. I changed the subject. Once you are divorced, you probably cannot be covered under your husband's group plan. You will have to secure insurance on your own or as provided in your marital settlement agreement.
You are right to be reluctant to file for divorce if you are concerned about insurance coverage. Divorced dependents are no longer covered by medical and other insurance. As a matter of fact, many carriers will not cover spouses if they are even living separately. If your carrier finds out you are not together., they could refuse to cover you. I am sorry for this sad news but you need to know where you stand. COBRA paid by your spouse might be an option for you. Additionally, pre-existing conditions are not automatically deemed uninsurable. You really should consult in person with a family law practitioner5 to discuss how best you can proceed.
Michael Scott SchiffmanFamily Law AttorneyHinsdale, IL ·
The answer to your question will depend on the terms of the insurance provided to your husband. Generally, you will not be able to continue to be on his insurance after the divorce. However, under a federal law - COBRA - you may be entitled to a continuation of the current coverage for up to 3-years. However, there will be a charge for this coverage - equal to what your husband no pays plus what his employer may contribute. In short, you should consult in person with an experienced family law attorney ti discuss these issues, based upon more detailed information about your situation.
