FAQ

Can my divorce decree require my ex-spouse to maintain health insurance for me?

In some cases, a divorce settlement or court order may require one spouse to maintain health coverage for the other for a specified period, especially if a dependent spouse relied on the other spouse's plan. However, health insurance responsibilities are often addressed during divorce negotiations and can affect broader settlement decisions involving support or marital assets, and most employer plans do not allow ex-spouses to remain on the plan after divorce, so even if the ex spouse's employer will not let an ex spouse's stay on the plan, a settlement can still require one spouse to provide health insurance support or reimburse the cost of separate coverage. If your decree includes this provision, your ex-spouse may need to reimburse you for the cost of obtaining your own coverage rather than keeping you on their plan. Consult a family law attorney to understand what's enforceable in your situation.