Asked in InsuranceMedical Insurance
If you are the custodial parent and have no health insurance but your new spouse does will your ex-husband's health insurance be primary or secondary?
December 04, 2007 7:25AM
The birthday rule is often used to determine which plan is primary and which is secondary. Under this rule, the plan of the parent whose birthday occurs first in the calendar year is designated as primary. The date of birth is the determining factor-not the year-so it doesn't matter which spouse is older. Like most rules, the birthday rule has exceptions: * If both parents share the same birthday, the parent who has been covered by his or her plan longest provides the primary coverage for the children. * If one spouse is currently employed and has health insurance through a current employer, and the other spouse has coverage through a former employer (e.g., through COBRA), the plan belonging to the currently employed spouse would be primary. * In the event of divorce or separation, the plan of the parent with custody generally provides primary coverage. If the custodial parent remarries, the new spouse's coverage becomes secondary. And finally, the non-custodial parent's plan would provide a third layer of insurance protection. This order of payment can be altered by a court-issued divorce decree or by agreement, but the insurance companies must be notified.