Legal Question in Family Law in Georgia

Re: Medical Coverage After Divorce

Under a federal law called COBRA (assuming your husband's employer is big enough to be covered by it) a divorced spouse is eligible for continuation or conversion coverage for 36 months. You are no longer entitled to coverage as a spouse since you are no longer married to the employee; this is special coverage provided to former spouses. However, as you have mentioned, the coverage is expensive. The law allows the employer or insurer to charge 102% of the cost of the coverage. The agreement requires your former husband to do something which he cannot do, that is keep you covered as a spouse. It could be argued that he has agreed to pay your COBRA premiums for the time period mentioned (remarriage or employment) but if you do not remarry or get a job with insurance in three years, he cannot require the continuation of COBRA since you are no longer eligible under federal law. The agreement is vague in these respects and should be changed, if possible, if a divorce decree has not yet been entered. If a decre has been entered, it is arguable but not certain that this is modifiable. I suggest you have an attorney review this right away.