Legal Question in Family Law in New Jersey

Re: Divorce and continuation of Health Insurance

It sounds like you are referring to COBRA which gives you the right to continue to be covered by his policy, but at your own expense unless the Court orders him to pay for it, or he agrees to it. The children will continue to be covered regardless of the divorce, but your coverage cannot continue once the marriage is ended. Have him get you the cost of the COBRA now so you can plan your strategy. Also, if you are eligible for SS disability you may qualify for Medicare.

Re: Divorce and continuation of Health Insurance

Once you are divorced you cannot be covered under his insurance. However, his company does have to offer you coverage, commonly referred to as COBRA coverage or some form of coverage under New Jersey law. The employer has to offer this coverage at your cost for a period of between 18 to 36 months depending on the size of the company. You have to pay the actual cost of the insurance so you want to make sure you account for this as part of your divorce settlement.

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