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Does My Spouse have to Keep Me on the Health Insurance after our Divorce is Finalized?

Question:  

In a Rhode Island Divorce doesn't my spouse have to continue keeping me covered by health insurance even after the divorce is finalized?

 

Answer:

No.  There is no Rhode Island law that says a spouse who has provided health insurance to another spouse must keep the other spouse insured under the existing health insurance plan.

Health Insurance is something that may or may not be negotiable during any particular divorce.  If the company that has set up the health insurance plan has set it in accordance with federal laws then the health insurance company may refuse to cover ex-spouses.  If that is the case, there is no negotiation regarding that particular health insurance because she won't be covered ... period... end of story.  

If the company has set up it's health insurance plan in accordance with Rhode Island law (ie. state law) then ex-spouses are generally covered as long as it is stated in the court's order that the spouse will remain on the insurance plan in accordance with the Rhode Island Health Insurance Continuation Act.

Keep in mind that this has to do with whether the spouse can remain on the insurance plan and NOT whether the spouse who is the main plan member has to pay for that other spouse's premiums.  That is a different issue entirely that I will cover in another question tomorrow.

[Please note that coverage available as a result of military service in the armed forces may be a completely different issue and completely unrelated to this answer depending upon the factual circumstances of your marriage and Rhode Island divorce case.]

 

All my Best to All Who Go Before the Rhode Island Family Court,

I am Attorney Christopher A. Pearsall "The Rhode Island Divorce Coach."

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