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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.