If I read that right, COBRA can only be continued for 3 years after separation and absolute divorce and all parties must meet COBRA requirement to qualify. If it is COBRA you may be able to put it into an answer or response to the divorce complaint, but I do not think you can legally carry someone on medical insurance with a private insurance company such as Blue Cross or Cigna unless they are a spouse or other dependent and live at the same address. I believe that other than COBRA, medical insurance would be required to drop at the time of absolute divorce, but I could be wrong about the time. It may be that you can keep it until the policy renews or basically, when it’s time to issue new insurance cards.
I think this is what you were asking.
Stepmother - you are correct. Most insurance policies would not allow the policy sponsor to carry someone other than a spouse or dependent, so COBRA is the only recourse. If the insurance company found out someone was still on your policy that is no longer legally your spouse, you’d be in some trouble.
And COBRA can be expensive to the point of being impractical, so I wouldn’t use it unless absolutely necessary - even though your ex may be paying for the COBRA coverage, it’s really kind of a raw deal. COBRA just means you can still get the coverage, it doesn’t guarantee the coverage will be at your prior rates, so very often insurance jack up the costs when COBRA comes into play. At my old office, we paid $256/mo for family coverage… to continue through COBRA, it was $694/mo.
Dear casporter:
Greetings. You can put a request for that in the complaint. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I’ve read on your FAQ section about the COBRA rules for beenfit extension. Is it possible for the plaintiff to specifiy in the complaint, for an otherwise non-complex absolute divorce, that the plaintiff will continue benefits for the spouse for as long as they live or obtain their own otherwise? Or is COBRA the only option?