Legal Question in Family Law in New Jersey
health benefits for divorced spouses
In New Jersey, is there any law requiring a husband to maintain benefits for his wife after they are divorced (His benefits will be covering their only child, who will be in the custody of their only child) The wife does not have full time employment W/ benefits and is currently covered under his(husbands)benefits?
2 Answers from Attorneys
Re: health benefits for divorced spouses
If your marriage has existed at least ten years you are entitled to permanent alimony based upon respective earning capacities of your husband and you. You should be entitled to enough alimony to pay for your own health insurance.
Re: health benefits for divorced spouses
There is no such specific law. In fact, once you are divorced, the insurance carrier will NOT continue to cover Wife as a family member on the plan. However, the Husband may be required to pay alimony to cover the cost. COBRA coverage is an option. There are also several other possibilities depending on the circumstances. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700, to schedule a consultation.
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