Annapolis, MD asked in Divorce, Family Law and Health Care Law for Maryland

Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my specialist, have infusions and MRI's regularly, so an Advantage plan is not feasible.

Because of my wife's financial situation the spousal support would be very limited.

2 Lawyer Answers
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
PREMIUM
Answered
  • Estate Planning Lawyer
  • Towson, MD
  • Licensed in Maryland

A: Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!

1 user found this answer helpful

Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: As a divorcing spouse you have the option of continuing healthcare coverage under your former spouse's health plan under the COBRA law, but that option means you have to pay the full cost of the premiums under the plan, which may be impossible for you based on your concerns about costs. You should look into options for Medicaid (managed through your state's local county health department aid program), which can provide assistance to cover premiums under Part B of Medicare or provide other options for health care coverage; as well as whether you qualify for Supplemental Security Income (SSI) or Supplemental Security Disability Income (SSDI) under the Social Security Act.

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