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Can I continue to carry your ex-spouse on company provided health insurance after your divorce?
That depends on what you mean by "on" the spouse's health insurance plan.
Most employer-sponsored plans, subject to Federal and/or state law, do not permit a spouse to be carried after divorce as part of the employee's family coverage. However, under Federal and most state laws, a former spouse ineligible for coverage on any other employer-sponsored plan is entitled to continuation coverage for a period of 36 months after divorce, similar to the coverage a terminated employee is entitled to have for 18 months, provided the former spouse pays the premiums -- including the employer's "share" or subsidy of an employee's premium.
Bottom line: You can continue to be covered by a spouse's plan -- but as a separate participant with an additional, and usually very big, premium.
This answer does not constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
Neal J. Meiselman, Meiselman & Helfant, LLC, 29 Wood Lane, Rockville, Maryland 20850, www.meiselmanandhelfant.com, 301-279-8840
What else can I help you with?
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