Thousand Oaks, CA asked in Divorce and Health Care Law for California

Q: Can a judge order health insurance to continue after divorce (on same plan)?

If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would get COBRA or my own private plan?

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1 Lawyer Answer
Angeles Susi Carrion
Angeles Susi Carrion
  • Colusa, CA
  • Licensed in California

A: The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to continue that type of coverage (you pay the monthly premium) or you can get your own private plan. As an alternative, you and your spouse may put forth a written agreement in your divorce proceedings that spouse will maintain insurance coverage for you, usually with some qualifiers, such as: length of time the coverage to continue, not to exceed monthly premium, etc. However, the actual insurance under your spouse's plan would terminate.

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