I live in Michigan. Just lately, I and my husband filed for a divorce. Our divorce decree was officially signed today. I was then a covered dependent on my ex-husband’s company health insurance. Does this mean, I am automatically removed from his health insurance coverage? Is there some kind of a buffer period, like 30 days, for me to remain included in my ex-husband’s health insurance after the effectivity of our divorce?

The continuance of your health insurance coverage generally depends on what has been stated in your divorce decree.  So it’s a good idea to check first what has been mandated in your divorce decree to see if it includes this provision in your health insurance coverage under your husband’s insurance policy.  This may likely happen especially if you have children.  If your health insurance coverage is included, then your ex-husband has the responsibility to advice the benefits department whether to continue your coverage or not.  Take note, however, that if the company where your ex-husband is working is in another state, this rule will most likely follow the insurance laws of that state.

If no declaration of the law of the state has been given regarding the extension of your health insurance coverage, then the rule of the insurance policy takes into effect.  This is regardless of your ex-husband’s consent.  Based on most insurance policy rules though, you are very likely to be removed from your ex-husband’s insurance, since you are no longer a family member and consequently no longer a qualified dependent.

On the other hand, an extension of a certain number of days for your health insurance coverage may be given for you to prepare or apply for a new health insurance.  But this generally depends on the laws of the state where you are in.  Most of the states do, nevertheless.

Answer by general public - June 19, 2009 @ 4:57 pm

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