Legal Question in Family Law in Ohio

Medical insurance after divorce

My wife and I have lived in separate residences for about 6 months. We have been contemplating divorce. Recently she told me she has been diagnosed with cancer. I have reason to doubt this. I cannot verify it through the insurance company due to her right to privacy under HIPPA laws. She has now decided that she wants to remain married so that she can continue to receive medical insurance through my employer. I am somewhat agreeable to this. My question is... she is threatening me that if I DO file for divorce, that my insurance company will drop her. She will be eligible for COBRA at this point. She is claiming that a Judge will order me to pay her COBRA payments (nearly $1000 a month) for the next three years. I am wondering what the probability of this is. She is still able bodied and working. She appears very healthy and some mutual friends have indicated to me that they don't believe the cancer story.


Asked on 4/13/08, 10:23 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Medical insurance after divorce

The chances are that if a divorce is filed by either one of you, arestaining order will be entered to prevent either one of you from changing insurance arrangements during the pendency of the divorce. Once the divorce is final,COBRA will be all she has, and she has to prove to the court her inability to pay for it herself, as most insurance companies will not allow you to cover her after divorce.

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Answered on 4/14/08, 1:57 am


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