Legal Question in Family Law in Pennsylvania
Health Insurance During Divorce?
My wife and I are seperated and I have gotten a letter that she has hired an lawyer and will file for divorce. My question is this...I have a medical condition and I am on her health insurance thru her work. My job does offer health insurance, but since it is not a big company the insurance is extremely expensive. Also, on a side note, since I am not a new employee, I would have to wait untill the end of the year during open enrollment to sign up for my insurance. Can she drop me from her health insurance?
2 Answers from Attorneys
Re: Health Insurance During Divorce?
Generally in these cases your wife will continue to have to provide health insurance.
Once your divorce is final absent an agreement that she must continue providing insurance she can drop you from the policy. However, if she can and does drop you due to divorce then you have the right to enroll in your employer's plan at that time. Divorce is considered a "life changing event" so you won't have to wait until your next open enrollment period.
If you have any questions feel free to call me, the initial consultation is free.
{John}
Re: Health Insurance During Divorce?
Also you have the right to continued coverage under your wife's policy through COBRA coverage. However, the COBRA premiums will be expensive. In any event you will have several options for health insurance coverage.