Once the divorce is final - the non-working spouse is no longer eligible for coverage. Claims would be denied. The ex would be elibible for COBRA though. For more details see http://www.steveshorr.com/dependent.definitions.htm www.steveshorr.com/cobra.htm
The term "Working Spouse Rule" refers to some employer provided medical insurance plans. These types of plans require that if the employee's spouse works for a company which also offers medical insurance benefits, that spouse must be enrolled in that plan. This means that if your spouse is employed, and his or her employer offers medical and/or dental coverage, the spouse must be enrolled for at least individual coverage in that company's plan, regardless of cost, in order to be covered on a secondary basis under your medical and/or dental plan.
It would depend on what is listed in the divorce decree. If the medical bills were for a child, more than likely both parents are responsible for 50% of the medical bill. If the medical bill was incurred by one spouse, the court may not recognize that as community property and make it responsibility of the debt-incurring party.
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