Legal Question in Family Law in Michigan
Divorce Default Judgement and COBRA Health Insurance
What does the following language mean in the default judgement for divorce I received in the mail today from my soon-to-be ex-wife's lawyer? She said she would ask for nothing from me, but I wonder if this means I have to keep her on my insurance for the next three years, and possibly pay for it?
''It is further ordered and adjudged that in accordance with the Consolidated Omnibus Reconciliation Act of 1985, Pub L 99-272 (COBRA), either party is entitled to continue to be insured under the health insurance policy of the other, provided by his/her employer, for a period of thirty-six (36) months after the divorce at their cost. The Plaintiff or the Defendant may then elect to continue health insurance coverage conditioned on the agreement to pay the health insurance premium that applies to him/her in the manner prescribed by the health insurance plan administrator.''
I work full-time. I no longer know the employment status of my soon-to-be ex-wife, but at most, I'm sure she is only working part-time. She and her two children from two previous marriages are currently still covered through my Blue Cross plan with my employer.
Thank you for any assistance you can provide me on this!
3 Answers from Attorneys
Re: Divorce Default Judgement and COBRA Health Insurance
This "COBRA" language is standard and required in a Judgment of Divorce in Michigan. The language is saying that if you have insurance (which you do), your ex-wife can choose to continue that insurance under COBRA for up to 3 years, at HER expense.
If you have any other concerns, it probably wouldn't cost much to have an attorney review the Judgment to make sure you understand everything. :) Good luck!
Re: Divorce Default Judgement and COBRA Health Insurance
It sounds to me like your wife can choose to get her health insurance through your plan, provided that she pay for it. You have a similar option as to her plan. However, this is one of the most inartfully worded judgments that I have read on the issue. Tell your wife to get a lawyer that speaks English next time. William S. Stern
Re: Divorce Default Judgement and COBRA Health Insurance
I forgot to mention that it means that if you choose to get your insurance through your wife's plan, then you have to pay for your own insurance. Similarly, if she gets her insurance on your plan, then she pays. William S. Stern
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