Legal Question in Family Law in New York

Health Insurance

Hi! I was wondering what the NY state laws are pertaining to Health Insurance coverage. My Husband and I are currently separated and I have no other insurance than his. He was required to keep me covered per the separation agreement. He has since dropped one health insurance company and picked up another (due to a change in careers) and he has not kept me covered.

He is the one that has the lawyer in an uncontested signed agreed separation/divorce case. However, no further action has been taken past the summons on May 26th. I am unable to pick up health insurance until I have a certified copy of the divorce paperwork (that I do agree to). Is he by law required to cover me with insurance?

Please help.


Asked on 10/31/06, 11:59 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Health Insurance

There may be an option for continuing (comparable) health insurance coverage for an EX Spouse under an Employment Health Insurance PLAN, by separate premium payments.

However, most health insurance PLANS do not include coverage for non family members.

Thus, once you are divorced, neither you nor your EX can be required to maintain health insurance for the other, under health insurance PLAN coverage for family members.

Good luck,

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Answered on 10/31/06, 3:34 pm


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